Thinking back now to the original judgement by Judge Emilia Melo e Castro, she obviously got it so very wrong. Lets hope she undertakes some refresher courses or even retraining before she returns any more bad decisions.
If I were the McCann's I would be looking for a rebate from Dra Isabel Duarte whose advice got them into this shit in the first place.
When I was learning to do what I do two rules of thumb were thumped into us:
Never go sue a foreigner in his own country. (unless it's libel in English courts pre 2013)
Never try to sue a solicitor for incompetence. (see William Roache aka Ken Barlowe).
Re Dra Duarte I bet she followed the age old principle illustrated by a joke told by a professor all those years ago.
Bushman goes into a chambers in Sydney and says to the girl "I wanna see a one armed barrister Sheila?" "well yes we have one sir but he is not in today. Is it important he be one armed Mr Kerr is available now"
"gotta be the one armed bloke, I'll see him when he's in, I've been in every bloody chambers in Sydney so far and all I have got is: on the one hand you can do.............. and on the other hand you can do.........................."