Poll

Do you think the judge will...

Rule case dismissed.
17 (42.5%)
Allow the claim and award substantial damages.
5 (12.5%)
Allow the claim and award token damages.
18 (45%)

Total Members Voted: 33

Voting closed: February 27, 2015, 02:50:24 PM

Author Topic: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.  (Read 147140 times)

0 Members and 1 Guest are viewing this topic.

Offline slartibartfast

I doubt it, but then if Gonc wants to counter-sue he would have to do so in the UK presumably - I wonder if he's got the stamina (and the funds) for another court case in a foreign country, as well as fighting any appeal that might take place in his own with regard the current trial....
I see no reason why he shouldn't sue in PT if he wanted to.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Alfred R Jones

  • Guest
I see no reason why he shouldn't sue in PT if he wanted to.
What prevented the McCanns from suing him in England then?

Offline slartibartfast

What prevented the McCanns from suing him in England then?

The book wasn't published in England.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Alfred R Jones

  • Guest
The book wasn't published in England.
So what have the McCanns published in Portugal then that has libelled Amaral?
« Last Edit: January 26, 2015, 08:30:53 AM by Alfred R Jones »

stephen25000

  • Guest
So what have the McCanns published in Portugal then that has libelled Amaral?

It won't be about libel. 8)-)))


Offline slartibartfast

So what have the McCanns published in Portugal then that has libelled Amaral?

It is about damage not libel.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

stephen25000

  • Guest

Offline Montclair

what I am saying is that an award of costs against the mccanns would not be enforceable in the uk

As someone explained to me, in Portugal, the parties involved in any court case pay the costs in advance and the losing party just doesn't get reimbursed.

Offline Montclair

And, on the topic of libel and arguidos, has any news outlet besides Amaral's latest interview confirmed that Murat is an arguido again? Or was that another mistake on his part?

Amaral said: "It seems Murat is an arguido", he did not state it as a fact.

stephen25000

  • Guest
As someone explained to me, in Portugal, the parties involved in any court case pay the costs in advance and the losing party just doesn't get reimbursed.

How can the costs be paid in advance if the length of the case is unknown, or is it a fixed charge ?

Or do the parties have to pay a deposit towards their costs ?

Offline Montclair

How can the costs be paid in advance if the length of the case is unknown, or is it a fixed charge ?

Or do the parties have to pay a deposit towards their costs ?

They pay as they go along for every paper they ask for, every appeal, every document given to the court, etc. beforehand. They don't make one big payment at the beginning.

stephen25000

  • Guest
They pay as they go along for every paper they ask for, every appeal, every document given to the court, etc. beforehand. They don't make one big payment at the beginning.

Thanks for that information Montclair.

Offline jassi

Perhaps that is one of the reasons that the fund appears deleted.

Would the lawyers require interim payments as well, particularly considering the length of time this has dragged on?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Benice

Amaral said: "It seems Murat is an arguido", he did not state it as a fact.

Oh that's OK then.   Obviously he had no intentions of deliberately  conveying that misinformation to his audience  - he just said it because.................................of what?

I wonder if Murat will take steps to demand a retraction.   He should do IMO.   A retraction/apology would be automatic in this country imo.   


The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline slartibartfast

Oh that's OK then.   Obviously he had no intentions of deliberately  conveying that misinformation to his audience  - he just said it because.................................of what?

I wonder if Murat will take steps to demand a retraction.   He should do IMO.   A retraction/apology would be automatic in this country imo.

However as we are constantly told arguido does not mean suspect so it isn't really an issue.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.