Author Topic: Were the media wrong to settle defamation actions out of court?  (Read 5506 times)

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Offline Angelo222

IMO that action was indeterminable since it was not known what happened to the child and if the parents were as innocent as they claimed.   I think this is even more relevant now given the SC statement.  If in the end this turns out badly for the parents then that money will be repayable.  The court should not have released that money until Maddie's fate has been legally established imo.

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« Last Edit: August 04, 2018, 10:49:01 PM by Angelo222 »
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #1 on: July 08, 2018, 09:35:03 PM »
IMO that action was indeterminable since it was not known what happened to the child and if the parents were as innocent as they claimed.   I think this is even more relevant now given the SC statement.  If in the end this turns out badly for the parents then that money will be repayable.  The court should not have released that money u til Maddie's fate is legally established imo.
you dont seem to understand uk libel law
the court complies with the law...so you now feel you are in a position to tell the court not to obey the law...LOL
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Sunny

Re: Were the media wrong to settle defamation actions out of court?
« Reply #2 on: July 08, 2018, 09:39:43 PM »
you dont seem to understand uk libel law
the court complies with the law...so you now feel you are in a position to tell the court not to obey the law...LOL

Of course later the McCanns could be asked to repay the money as happened to Edwina Currie. She lied about her affair with John Major

I am not saying the McCanns lied

https://www.theguardian.com/politics/2002/nov/24/uk.pressandpublishing
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #3 on: July 08, 2018, 09:48:06 PM »
Of course later the McCanns could be asked to repay the money as happened to Edwina Currie. She lied about her affair with John Major

I am not saying the McCanns lied

https://www.theguardian.com/politics/2002/nov/24/uk.pressandpublishing
from angelos post he doesnt understand uk libel law
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Sunny

Re: Were the media wrong to settle defamation actions out of court?
« Reply #4 on: July 08, 2018, 10:01:15 PM »
from angelos post he doesnt understand uk libel law

Oh I see, sorry Davel. What happens in portugal's libel courts is it the same?
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #5 on: July 08, 2018, 10:02:49 PM »
Oh I see, sorry Davel. What happens in portugal's libel courts is it the same?

no it isnt...quite different...amarals book would be libellous in the uk
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #6 on: July 08, 2018, 10:03:31 PM »
you dont seem to understand uk libel law
the court complies with the law...so you now feel you are in a position to tell the court not to obey the law...LOL

You are misinformed, the McCanns have never won a libel case as such as every newspaper settled 'out of court'.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #7 on: July 08, 2018, 10:04:27 PM »
You are misinformed, the McCanns have never won a libel case as such as every newspaper settled 'out of court'.

ive never said they have...you are mistaken.....
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #8 on: July 08, 2018, 10:06:08 PM »
Oh I see, sorry Davel. What happens in portugal's libel courts is it the same?

In the UK the person making the allegation has to prove it whereas in Portugal the person allegedly maligned has to prove that they were defamed.  Thus why the McCanns lost the libel action against Amaral.

The McCanns have never had to defend any defamation allegation since every newspaper rolled over and paid up. In essence the newspapers would have to have proved their stories were true but to do that they needed to prove the parents guilty.  That was an impossible ask.
« Last Edit: July 08, 2018, 10:09:34 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #9 on: July 08, 2018, 10:07:15 PM »
IMO that action was indeterminable since it was not known what happened to the child and if the parents were as innocent as they claimed.   I think this is even more relevant now given the SC statement.  If in the end this turns out badly for the parents then that money will be repayable.  The court should not have released that money until Maddie's fate has been legally established imo.

in the uk ...the onus is on the defendant to prove their allegations are true...so the fact maddies case hasnt been solved is of no relevance to the court...the court dont hold any money to release...its paid by the defendants
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #10 on: July 08, 2018, 10:08:37 PM »
In the UK the person making the allegation has to prove it whereas in Portugal the person allegedly maligned has to prove that they were defamed.  Thus why the McCanns lost the libel action against Amaral.

wrong again...the reason the mccanns lost is because the court decided amarals right under article 10 were more important than the mccanns right under article 8
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Sunny

Re: Were the media wrong to settle defamation actions out of court?
« Reply #11 on: July 08, 2018, 10:10:43 PM »
In the UK the person making the allegation has to prove it whereas in Portugal the person allegedly maligned has to prove that they were defamed.  Thus why the McCanns lost the libel action against Amaral.

But I guess if the money is paid out to the "maligned" and then the known facts change then the money would become repayable back to the original defendant.

If people like Edwina Currie can win whilst knowing she should not have, then IMO the UK method is totally unfair.  I am sure I have read that Saville also won in libel cases about child abuse in the UK.
Members are reminded that cites must be provided in accordance with the forum rules. On several occasions recently cites have been requested but never provided. Asking for a cite is not goading but compliance.

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Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #12 on: July 08, 2018, 10:13:46 PM »
in the uk ...the onus is on the defendant to prove their allegations are true...so the fact maddies case hasnt been solved is of no relevance to the court...the court dont hold any money to release...its paid by the defendants

The court can freeze any settlement until such time as the matter is legally determined.  It is not known who if anyone was defamed so the money should not have been paid over to the complainants.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #13 on: July 08, 2018, 10:13:56 PM »
But I guess if the money is paid out to the "maligned" and then the known facts change then the money would become repayable back to the original defendant.

If people like Edwina Currie can win whilst knowing she should not have, then IMO the UK method is totally unfair.  I am sure I have read that Saville also won in libel cases about child abuse in the UK.

In actual fact its not the UK system anymore...its teh ECHR system...anyone who loses a libel case has the opportunity to take their case to the ECHR
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #14 on: July 08, 2018, 10:14:53 PM »
wrong again...the reason the mccanns lost is because the court decided amarals right under article 10 were more important than the mccanns right under article 8

The truth is the McCanns failed to prove their case against Amaral as they were required to do.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!