Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.

[ferryman]

http://www.dailymail.co.uk/news/article-2925419/Kate-Gerry-McCann-hurt-former-police-chief-s-book-missing-Madeleine-judge-finds.html?ITO=1490&ns_mchannel=rss&ns_campaign=1490

...says police chief who made allegations in book

Well, he would say that, wouldn't he?

[Carana]

That's not the answer.  In all civil codes, damages are awarded for something.

Horse and cart.

There must be some infringement.

And the infringement gives rise to compensation in the form a damages award.

What is the infringement?

The legal systems are so different, though. Look how vague this is:

Art. 484 (Action injurious to personal standing or good name): Whoever affirms or disseminates a fact capable of prejudicing the credit or good name of any person, private individual or legal person, is responsible for the damage caused.

Let's say you called me a horrible old cow  ;) . In the UK, that would be your opinion and no one would assume that I am literally a 4-legged bovine typing with two hooves. In Portugal, I could claim that what you said caused enormous distress, loss of income, a divorce, my dog's suicide, the self-combustion of my child's pet hamster, whatever... but I'd have to prove a causal link and somehow quantify the damage caused.

As we know, in the UK, Sally Bercow was successfully sued for her "Why is McAlpine trending *innocent face*" tweet (or words to that effect). In PT, McAlpine would have had to prove any damage that that tweet caused and quantify it.

[Alice Purjorick]

Damages are always awarded for something.

If not libel, what?

It seems they were claiming damages for the pain suffering and emotional distress caused by the publication of "The Book" "The Video" etc.
The total sum claimed appears to have been approximately the sum alleged in the writ that Dr Amaral had earned from the book, the video and the TV appearance. The judge failed to uphold the alleged income based on documents submitted by the Portuguese Revenue Service which indicated the income was a fraction of that alleged in the writ.

[John]

It seems they were claiming damages for the pain suffering and emotional distress caused by the publication of "The Book" "The Video" etc.
The total sum claimed appears to have been approximately the sum alleged in the writ that Dr Amaral had earned from the book, the video and the TV appearance. The judge failed to uphold the alleged income based on documents submitted by the Portuguese Revenue Service which indicated the income was a fraction of that alleged in the writ.

There is no doubt that they suffered and continue to do so but what the learned Judge has to decide is, did Amaral's comments constitute free speech under Portuguese Law or was their malice aforethought in what was said and published. 

[DCI]

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.

Really?

Then why was Amaral ordered to pay all court costs, when he lost his case against Marcos Corriea and Dores, when the case ended.

[lordpookles]

...says police chief who made allegations in book

Well, he would say that, wouldn't he?

Yep, of course he would. Will be interesting to see how the broadsheets report on the trial. I'm completely in the dark when it comes to matters of law. My feeling is they will get a very nominal payout if any given the caveats in the proven non proven facts. Wait and see I guess.

[Carana]

Then why have the McCanns been seeking £1m from Amaral in a PT court?  Have they been wrongly advised?

Those amounts were presumably not plucked out of thin air, but what could be considered as proven was the amount registered by the PT tax authorities. Does that amount concern royalties for books sold worldwide or just PT?

[jassi]

Those amounts were presumably not plucked out of thin air, but what could be considered as proven was the amount registered by the PT tax authorities. Does that amount concern royalties for books sold worldwide or just PT?

Or the amount might have been an attempt at intimidation to get an out of court settlement.

[stephen25000]

.............and now the tabloids.


"...a crushing preliminary ruling."



http://www.dailystar.co.uk/news/latest-news/421998/Former-cop-who-accused-McCanns-of-covering-up-Maddie-death-says-they-will-lose-libel-case

[Alfred R Jones]

The alleged libel was perpetrated in Portugal, by a Portuguese citizen and printed by Portuguese base publishers in Portuguese media about events which occurred in Portugal.   No English court could entertain such a claim so let's stop being silly.

Right!  So where does this leave Amaral vis-à-vis his desire to sue the McCanns - can he do that from the comfort of his native habitat?

[Alice Purjorick]

Or the amount might have been an attempt at intimidation to get an out of court settlement.

It occurred to me sometime ago that the whole issue was never meant to get to court.

[Angelo222]

Right!  So where does this leave Amaral vis-à-vis his desire to sue the McCanns - can he do that from the comfort of his native habitat?

Certainly since that is where the loss has been sustained.  Whether they answer the claim is entirely a matter for them.

[Alice Purjorick]

Right!  So where does this leave Amaral vis-à-vis his desire to sue the McCanns - can he do that from the comfort of his native habitat?

If he has any sense he will leave it alone.

[DCI]

It seems they were claiming damages for the pain suffering and emotional distress caused by the publication of "The Book" "The Video" etc.
The total sum claimed appears to have been approximately the sum alleged in the writ that Dr Amaral had earned from the book, the video and the TV appearance. The judge failed to uphold the alleged income based on documents submitted by the Portuguese Revenue Service which indicated the income was a fraction of that alleged in the writ.

It was proved what Amaral earned based on documents submitted by the Portuguese Revenue Service

 3. Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than €621.000,00?


 4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than €498.750,00? 

     (Items 3 & 4) It is proved that Gonçalo Amaral earned €342.111,86 from the sales of the book in the years         2008 and 2009. This information is based on data from the Portuguese Revenue Agency.


 5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?
     
      Not proved


 6. The DVD has a cover price of € 6,00?

      Proved that it was sold for 6,95 euro with newspaper Correio da Manhã.


 7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than  €112.500,00?

     Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.


 8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim

      de Carvalho – Filmes, Audiovisuais, S.A.”?

       Proved.


That is without what has already been sequestrated in 2009.

[Angelo222]

If he has any sense he will leave it alone.

Don't you realise by now Alice that he is on a mission!!