Madeleine McCann's parents win €500k in damages against former police chief.

[Eleanor]

But the document doesn't explain why fully 100% of the sums demanded by the McCanns for themselves was awarded when they only partially proved their assertions.

If they'd demanded 500k each would they have therefore got 500k each?

If they only partially proved (according to the judge) surely they shouldn't then get all of what they were demanding?

Hmm, interesting point.  I missed that,  and I don't know.

Perhaps because the claim for Madeleine was to do with the search, which The Judge ruled wasn't damaged.
And The Twins were too young to feel personal distress as The McCanns did their best to make sure they didn't.

I believe that in any Damages Claim a figure has to be stated, although not necessarily awarded, so it would suggest that The McCanns didn't overstate their own claim.

[Alfred R Jones]

The Metro says on it's front page today "Cop who tried to frame McCanns".

Maybe he could sue for that.

I'd love to see him try.

[Lyall]

I'd love to see him try.

Unfortunately the courts are not a level playing field, and he'd be unlikely to get a no win, no fee offer from one of our nation's finest firms would he.

But never say never.

[Brietta]

I'd love to see him try.

It would certainly lead to some interesting argument and counter argument in court ... but I think he will be busy working on his next 'five year plan' and his lawyer will be thinking about how he is going to get paid.

[Lyall]

Hmm, interesting point.  I missed that,  and I don't know.

Perhaps because the claim for Madeleine was to do with the search, which The Judge ruled wasn't damaged.
And The Twins were too young to feel personal distress as The McCanns did their best to make sure they didn't.

I believe that in any Damages Claim a figure has to be stated, although not necessarily awarded, so it would suggest that The McCanns didn't overstate their own claim.

But they didn't even completely prove the claims relating to their own additional suffering, yet still got 100% of what they were claiming for themselves.

It's another example of how they win the money but lose the PR struggle.

[Alice Purjorick]

Sorry, I thought you were interested in the judgment, clearly you're not, my mistake.

I am but the translation is bit indistinct. I think I know what it is about but a "proper translation" would be better.

[Eleanor]

But they didn't even completely prove the claims relating to their own additional suffering, yet still got 100% of what they were claiming for themselves.

It's another example of how they win the money but lose the PR struggle.

I don't think it's much to do with what is claimed.  It's to do with what The Judge thinks their suffering was worth.  The claim is just a guide line.  They could have been awarded more or less of what they claimed.
And it will have had something to do with how much money Amaral made in the process of defaming them.

Most things come down to mathematics in the end.

[Lyall]

I don't think it's much to do with what is claimed.  It's to do with what The Judge thinks their suffering was worth.  The claim is just a guide line.  They could have been awarded more or less of what they claimed.
And it will have had something to do with how much money Amaral made in the process of defaming them.

Most things come down to mathematics in the end.

She can't just use her own maths though, it has to be backed by law/precedent. It doesn't appear to be explained in the google translated document.

However if she's done it wrong I'm sure a lawyer somewhere will know it.

[Eleanor]

She can't just use her own maths though, it has to be backed by law/precedent. It doesn't appear to be explained in the google translated document.

However if she's done it wrong I'm sure a lawyer somewhere will know it.

There are guidelines within which she will have to have worked.  There always are.  And she doesn't appear to be daft to me.

[Alfred R Jones]

"Freedom of expression and information can not actually take precedence over the fundamental rights of citizens to good name and reputation, and his moral integrity, the right to privacy" - from the judgment.  These are the rights that were violated by Amaral.  And how did he violate these rights?  By writing a book in which unproven allegations were made about Kate and Gerry.   If it is written into the Constitution (or Human Rights Act) that precedence must be given to personal reputation over freedom of expression then what hope does Amaral have of a successful appeal?

BUMP.

[faithlilly]

So what is their reason ? It appears the judge decided if the information circulating at the moment is correct, that the book neither affected the search nor their children so why are they so happy that their reason for bringing the case has been tossed aside by the judge ?

Of course if it has now been judicially proven that the book didn't hinder the search will it still be ethical for the McCanns to fund any present or future litigation through the fund ?

BUMP

[John]

The Judge's Report reveals in some detail why she came to the decision she did.  The condensed version  is relatively simple.  She went into some detail quoting from the European Human Rights legislation and using examples from cases including one from the UK.  Her argument basically came down to this, a balance had to be struck between Amaral's right to free speech and expression and those rights enjoyed by the McCanns to a good name and honour.  She determined that Amaral had abused his position within the PJ and had illegally used information he gleamed whilst a serving police officer.  The Judge also criticised his activities on retirement and stated that they were not conducive with his former status, she added that he had a responsibilities but failed to uphold them.

In respect of the sum awarded, I refer directly to an extract from the Judges Report...

There will therefore be proven to compensate the damage done within the parameters of paragraph 4 of article 496º of the Civil Code, those who are harmed by the defendant's conduct - the authors Gerald and Kate McCann.  The criterion to be followed in determining the "quantum" of the compensation is equity, should be considered the degree of Lesante's fault, the seriousness of the offense and, because particularly relevant in this case, the value of benefits earned by one with the offense.  The offense committed to the good name of the injured had very wide dissemination (paragraphs 27, 28, 30 and 47), having been the subject of intense media coverage both in Portugal and in the UK.   It has been shown that as a result of the same Kate and Gerald McCann authors suffered personal injury that deserve the protection of law (paragraphs 81, 82 and 83).  The same offense allowed the defendant earn the amount of about Euro 382,000.00 of income (paragraphs 33 and 62, and noted that the latter relates to the proceeds with the sale of the DVD so that it takes little strict, but or so it stops being materially true, because if the DVD was only sold at the end of April 2009, the process for their marketing began on March 7, 2008 with the contract concluded with the defendant VC Films, and this defendant the payment of Euros 40,000.00 documented on pages. 2095).  In light of these vectors, it is deemed appropriate and proportionate compensation petitioned by those authors, which is Euro 250,000.00 (two hundred and fifty thousand euros) for each, to be added under paragraph 3 of article 805º code Civil, default interest at the statutory rate of civil interest, from the date of Gonçalo Amaral defendant's quote for action (January 5, 2010 -. fl ​​151) until full payment.

So there you have it, the Judge allowed the claim against Amaral on the basis of his thesis which contravened the McCanns rights under both National and European Law to a good name, the award of €500k was based on Amaral's illegal earnings from such conduct.

[Alfred R Jones]

The Judge's Report reveals in some detail why she came to the decision she did.  The condensed version  is relatively simple.  She went into some detail quoting from the European Human Rights legislation and using examples from cases including one from the UK.  Her argument basically came down to this, a balance had to be struck between Amaral's right to free speech and expression and those rights enjoyed by the McCanns to a good name and honour.  She determined that Amaral had abused his position within the PJ and had illegally used information he gleamed whilst a serving police officer.  The Judge also criticised his activities on retirement and stated that they were not conducive with his former status, she added that he had a responsibilities but failed to uphold them.

In respect of the sum awarded, I refer directly to an extract from the Judges Report...

There will therefore be proven to compensate the damage done within the parameters of paragraph 4 of article 496º of the Civil Code, those who are harmed by the defendant's conduct - the authors Gerald and Kate McCann.  The criterion to be followed in determining the "quantum" of the compensation is equity, should be considered the degree of Lesante's fault, the seriousness of the offense and, because particularly relevant in this case, the value of benefits earned by one with the offense.  The offense committed to the good name of the injured had very wide dissemination (paragraphs 27, 28, 30 and 47), having been the subject of intense media coverage both in Portugal and in the UK.   It has been shown that as a result of the same Kate and Gerald McCann authors suffered personal injury that deserve the protection of law (paragraphs 81, 82 and 83).  The same offense allowed the defendant earn the amount of about Euro 382,000.00 of income (paragraphs 33 and 62, and noted that the latter relates to the proceeds with the sale of the DVD so that it takes little strict, but or so it stops being materially true, because if the DVD was only sold at the end of April 2009, the process for their marketing began on March 7, 2008 with the contract concluded with the defendant VC Films, and this defendant the payment of Euros 40,000.00 documented on pages. 2095).  In light of these vectors, it is deemed appropriate and proportionate compensation petitioned by those authors, which is Euro 250,000.00 (two hundred and fifty thousand euros) for each, to be added under paragraph 3 of article 805º code Civil, default interest at the statutory rate of civil interest, from the date of Gonçalo Amaral defendant's quote for action (January 5, 2010 -. fl ​​151) until full payment.

What specifically was the offence committed then?  Also, if under the Human Rights Act the McCanns right to not be slagged off by a corrupt ex-cop trumps the rights of a corrupt ex-cop to write anything he likes about them then where does he go from here, legally speaking?

[Alfred R Jones]

John, are you happy that your forum is being used to circulate Amaral's illegal thesis?

[Mr Gray]

The Judge's Report reveals in some detail why she came to the decision she did.  The condensed version  is relatively simple.  She went into some detail quoting from the European Human Rights legislation and using examples from cases including one from the UK.  Her argument basically came down to this, a balance had to be struck between Amaral's right to free speech and expression and those rights enjoyed by the McCanns to a good name and honour.  She determined that Amaral had abused his position within the PJ and had illegally used information he gleamed whilst a serving police officer.  The Judge also criticised his activities on retirement and stated that they were not conducive with his former status, she added that he had a responsibilities but failed to uphold them.

In respect of the sum awarded, I refer directly to an extract from the Judges Report...

There will therefore be proven to compensate the damage done within the parameters of paragraph 4 of article 496º of the Civil Code, those who are harmed by the defendant's conduct - the authors Gerald and Kate McCann.  The criterion to be followed in determining the "quantum" of the compensation is equity, should be considered the degree of Lesante's fault, the seriousness of the offense and, because particularly relevant in this case, the value of benefits earned by one with the offense.  The offense committed to the good name of the injured had very wide dissemination (paragraphs 27, 28, 30 and 47), having been the subject of intense media coverage both in Portugal and in the UK.   It has been shown that as a result of the same Kate and Gerald McCann authors suffered personal injury that deserve the protection of law (paragraphs 81, 82 and 83).  The same offense allowed the defendant earn the amount of about Euro 382,000.00 of income (paragraphs 33 and 62, and noted that the latter relates to the proceeds with the sale of the DVD so that it takes little strict, but or so it stops being materially true, because if the DVD was only sold at the end of April 2009, the process for their marketing began on March 7, 2008 with the contract concluded with the defendant VC Films, and this defendant the payment of Euros 40,000.00 documented on pages. 2095).  In light of these vectors, it is deemed appropriate and proportionate compensation petitioned by those authors, which is Euro 250,000.00 (two hundred and fifty thousand euros) for each, to be added under paragraph 3 of article 805º code Civil, default interest at the statutory rate of civil interest, from the date of Gonçalo Amaral defendant's quote for action (January 5, 2010 -. fl ​​151) until full payment.

So there you have it, the Judge allowed the claim against Amaral on the basis of his thesis which contravened the McCanns rights under both National and European Law to a good name, the award of €500k was based on Amaral's illegal earnings from such conduct.

so amaral libelled the mccanns