Author Topic: Were the media wrong to settle defamation actions out of court?  (Read 4958 times)

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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #15 on: July 08, 2018, 10:15:25 PM »
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.

you just said they settled out of court...so the court has no say.....

« Last Edit: July 08, 2018, 10:19:11 PM by Davel »
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #16 on: July 08, 2018, 10:16:10 PM »
The truth is the McCanns failed to prove their case against Amaral as they were required to do.

that was the damages part not the defamation..which is what the SC judgement was about..ive raed it several times
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Online Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #17 on: July 08, 2018, 10:18:41 PM »
you just said they settled out of court...so the court has no say......

A court can still put conditions on any out of court settlement. I'm sure you understand that an out of court settlement is still agreed and signed off in a court.  If you don't I suggest you read up on it.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #18 on: July 08, 2018, 10:21:45 PM »
A court can still put conditions on any out of court settlement. I'm sure you understand derstand that an out of court settlement is still agreed and signed off in a court.
the mccanns have to accept the out of court settlement......if the mccanns dont get the money they dont agree to settle...they then go to court...the court has no power to stop payment...the law is quite clear

what you are suggesting is not realistic....it would force a defendant to go to court when they wish to settle.....I dont see that as being possible,,...courts actually encourage out of court settlements
« Last Edit: July 08, 2018, 10:40:38 PM by Davel »
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Offline Sunny

Re: Were the media wrong to settle defamation actions out of court?
« Reply #19 on: July 08, 2018, 10:39:43 PM »
the mccanns have to accept the out of court settlement......if the mccanns dont get the money they dont agree to settle...they then go to court...the court has no power to stop payment...the law is quite clear

what you are suggesting is not realistic....it would force a defendant to go to court when they wish to settle.....I dont see that as being possible


Are you telling the mcCanns what they have to do? "the mccanns have to accept the out of court settlement".   They could have gone to court...but then they may have lost I suppose.
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #20 on: July 08, 2018, 10:46:49 PM »

Are you telling the mcCanns what they have to do? "the mccanns have to accept the out of court settlement".   They could have gone to court...but then they may have lost I suppose.
have you followed the argument...angelo suggested that a judge could over rule the out of court settlement and withold the settlement...a ridiculous idea...if that wa sthe case...the mccanns do not have to accept the settlement and can go to court
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Online Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #21 on: July 08, 2018, 10:57:38 PM »
have you followed the argument...angelo suggested that a judge could over rule the out of court settlement and withold the settlement...a ridiculous idea...if that wa sthe case...the mccanns do not have to accept the settlement and can go to court

I think you still don't understand the issue.  The McCanns went to court in the UK when several newspapers printed stories claiming that they were involved in Maddie's disappearance.  The McCanns knew that they didn't have to prove anything as that was down to the newspapers.  The newspapers could not prove that their stories were true so offered to settle out of court.  The McCanns accepted in every case as far as I am aware.

My point is that it is not known what the truth is so defamation cannot be proved or disproved.  The newspapers paid out millions on the basis that they were wrong to make the claims they did.  If it is later revealed that the newspapers were right or partly right then they can sue the McCanns to get their money back with interest.

An out of court settlement still involves a judge making an Order, taking it to trial would be a backward step.
« Last Edit: July 08, 2018, 11:01:44 PM by Angelo222 »
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #22 on: July 08, 2018, 11:00:56 PM »
I think you still don't understand the issue.  The McCanns went to court in the UK when several newspapers printed stories claiming that they were involved in Maddie's disappearance.  The McCanns knew that they didn't have to prove anything as that was down to the newspapers.  The newspapers could not prove that their stories were true so offered to settle out of court.  The McCanns accepted in every case as far as I am aware.

My point is that it is not known what the truth is so defamation cannot be proved or disproved.  The newspapers paid out millions on the basis that they were wrong to make the claims they did.  If it is later revealed that the newspapers were right then they can sue the McCanns to get their money back with interest.

no that was not your point and the posts are still there...you claimed that the courts should have witheld the money until maddies fate is known...that is not within the power of the courts...you are the one who is mistaken
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Online Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #23 on: July 08, 2018, 11:03:47 PM »
no that was not your point and the posts are still there...you claimed that the courts should have witheld the money until maddies fate is known...that is not within the power of the courts...you are the one who is mistaken

You are wrong, the judge can make any order he wishes and that includes freezing any settlement where the facts of the case are still legally undetermined.  He could have made a provisional order pending the outcome of the police investigation.
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 #24 on: July 08, 2018, 11:05:05 PM »
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.

and more
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #25 on: July 08, 2018, 11:07:08 PM »
You are wrong, the judge can make any order he wishes and that includes freezing any settlement where the facts of the case are still legally undetermined.  He could have made a provisional order pending the outcome of the police investigation.

no...the mccanns could ahve gone to court...as yo jhave admitted the ppers could not have proved their case and damageswould ahve been awarded.....you are transferring the burden of proof...you do not understand uk libel law
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Online Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #26 on: July 08, 2018, 11:07:21 PM »
The point I am making is crystal clear.  No libel money should have been paid out to the McCanns until Maddie's fate is known.  I believe the court made a wrong call in this case.  I also believe the newspapers were too quick to settle and should have taken the cases to trial.
« Last Edit: July 08, 2018, 11:09:54 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 Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #27 on: July 08, 2018, 11:08:46 PM »
no...the mccanns could ahve gone to court...as yo jhave admitted the ppers could not have proved their case and damageswould ahve been awarded.....you are transferring the burden of proof...you do not understand uk libel law

I think you are confused.  (^&&
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 #28 on: July 08, 2018, 11:09:41 PM »
The point I am making is crystal clear.  No libel money should have been paid out to the McCanns until Maddie's fate is known.  I believe the court made a wrong call in this case.

you are totally wrong...the courts had to comply with uk libel law....an allegation was amde...it could not be proven...case settled...you dont understand uk libel law
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Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #29 on: July 08, 2018, 11:10:38 PM »
I think you are confused.  (^&&
I think you simply dont understand the law
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION