Does the European Court of Human Rights, Indeed, Beckon?

[G-Unit]

I'm really not sure about the (ultimate) wisdom of the McCanns taking the case to the ECHR, because if the Portuguese judiciary, in its (ultimate) un-wisdom decides Amaral's work of traducement and lies should stand, Amaral's assets will be unfrozen by the Portuguese courts and the only thing left for the McCanns to fight for will be a point of principle.

They might judge that that (alone) would make it worthwhile.

I guess that's their call.

It was never about the money, ferryman, according to the McCanns. Are you suggesting otherwise?

[ferryman]

It was never about the money, ferryman, according to the McCanns. Are you suggesting otherwise?

Certainly not!

But if it is going to cost the earth to take a case to the European Court, solely on a point of principle, then financial considerations do come into play.

[jassi]

We've been assured by one of the  moderators that it doesn't cost anything, so not a problem.

[G-Unit]

Certainly not!

But if it is going to cost the earth to take a case to the European Court, solely on a point of principle, then financial considerations do come into play.

It was you who brought Amaral's assets into the equation, not me. If the case was not about money then they have already spent a lot on a 'point of principle'. Lawyers, travel and subsistence for them and their witnesses. Clearly they decided the financial outlay was worth it;

'28 April, 2015 - Statement from Gerry and Kate Regarding Libel Case

We want to emphasise that the action was never about money. It has always been focused on the effects of the libels on our other children and the damage that was done to the search for Madeleine...

Gerry and Kate'

If it's not about money and the principle is important enough they will continue no matter what the financial cost.

[Miss Taken Identity]

I found the claims for money from Sr Amaral on behalf of the children ( one of whom's mortal state has yet to be confirmed), to be an absolute disgrace, it showed me and many others that this was about money.

 Had the children suffered by the effcts of the book and not by their parents actions, in facitlitating their sisters disappearance and placing them in danger, I would question their motives as they were too young, and have only been fed stories by the parents. Therefore, their opinion,were they old enough to express one, would be based on bias.

It is also ok for the children to have their own laywers to represent them. They could make a claim against their parents for causing trauma, sleepless nights and everything else. (bad man took Maddie) OMG the images for children  with that sentence  *shudders*.

[ferryman]

It was you who brought Amaral's assets into the equation, not me. If the case was not about money then they have already spent a lot on a 'point of principle'. Lawyers, travel and subsistence for them and their witnesses. Clearly they decided the financial outlay was worth it;

'28 April, 2015 - Statement from Gerry and Kate Regarding Libel Case

We want to emphasise that the action was never about money. It has always been focused on the effects of the libels on our other children and the damage that was done to the search for Madeleine...

Gerry and Kate'

If it's not about money and the principle is important enough they will continue no matter what the financial cost.

But the McCanns may feel that the damage done by continued, unfettered circulation of Amaral's work of traducement and lies outweighs any gain (at financial cost) of a lightweight (and unenforceable) finger-wagging lecture from the European Court of Human Rights.

[Miss Taken Identity]

But the McCanns may feel that the damage done by continued, unfettered circulation of Amaral's work of traducement and lies outweighs any gain (at financial cost) of a lightweight (and unenforceable) finger-wagging lecture from the European Court of Human Rights.

Especially if them finger waggers pointed to the exit door and said no case to answer dear Portugal.

[Brietta]

But the McCanns may feel that the damage done by continued, unfettered circulation of Amaral's work of traducement and lies outweighs any gain (at financial cost) of a lightweight (and unenforceable) finger-wagging lecture from the European Court of Human Rights.

At the moment we do not know exactly where Scotland Yard are in working Madeleine's case.  They do ... and Madeleine's parents do because we have been told they will be kept informed of what is happening.
So perhaps at the moment appealing against Mr Amaral's victory might be low on their list of priorities.

If they do consider it appropriate to lodge an appeal with the supreme court it will be interesting to see how that will be handled.  Will it be allowed?  Therein lies the question ... there is also the question of how much confidence can be placed in the Portuguese justice system  ...  at risk of being called xenophobic yet again, my own confidence level is somewhere in the very low minus zeros.

[ferryman]

At the moment we do not know exactly where Scotland Yard are in working Madeleine's case.  They do ... and Madeleine's parents do because we have been told they will be kept informed of what is happening.
So perhaps at the moment appealing against Mr Amaral's victory might be low on their list of priorities.

If they do consider it appropriate to lodge an appeal with the supreme court it will be interesting to see how that will be handled.  Will it be allowed?  Therein lies the question ... there is also the question of how much confidence can be placed in the Portuguese justice system  ...  at risk of being called xenophobic yet again, my own confidence level is somewhere in the very low minus zeros.

I would argue that the judgement of the court of first instance was very sound, which leaves me a tad more hopeful than you ....

[Miss Taken Identity]

I would argue that the judgement of the court of first instance was very sound, which leaves me a tad more hopeful than you ....

Why is Victoria Derbybshire persona non grata on this board? did you ever find the answer to this Ferry?

So let me understand this  we like then don't like the Portugees justice system. when it is in favour of McCanns then its great but.... ok I get it now.

[Lace]

I found the claims for money from Sr Amaral on behalf of the children ( one of whom's mortal state has yet to be confirmed), to be an absolute disgrace, it showed me and many others that this was about money.

 Had the children suffered by the effcts of the book and not by their parents actions, in facitlitating their sisters disappearance and placing them in danger, I would question their motives as they were too young, and have only been fed stories by the parents. Therefore, their opinion,were they old enough to express one, would be based on bias.

It is also ok for the children to have their own laywers to represent them. They could make a claim against their parents for causing trauma, sleepless nights and everything else. (bad man took Maddie) OMG the images for children  with that sentence  *shudders*.

Wouldn't it have been lawyer who suggested what to sue for?   Not the McCann's.  Duarte would have suggested they sue for the children,  she must have thought they had a case.

The McCann's consulted a children's specialist who would have been trained on what to tell the children and when,    the bad man took Maddie as you quoted would have been suggested by a specialist in his field,  as the McCann's said the twins knew it was wrong to take something that wasn't yours,  it was a way of delicately explaining to the twins what had happened.   

You make drama out of something you obviously have no idea about.

[Admin]

Topic please gentlemen!

And to clarify, one does not require a lawyer to submit an application to the ECHR.  The Application itself does not attract any fees.  Once the Application is accepted counsel can be engaged and that is where the expense comes in.

[stephen25000]

Topic please gentlemen!

And to clarify, one does not require a lawyer to submit an application to the ECHR.  The Application itself does not attract any fees.  Once the Application is accepted counsel can be engaged and that is where the expense comes in.

i.e. Solicitors and Lawyers fees.

This will not be a no win , no fee case.

Now will the mccanns be taking  the country of Portugal to the ECHR ?

and awards are very low.

[ferryman]

Let us hope the Portuguese Supreme Court restores sanity (and proper justice) demonstrated by the first-instance court.

[jassi]

Let us hope the Portuguese Supreme Court restores sanity (and proper justice) demonstrated by the first-instance court.

I'm absolutely sure they will do the right thing