Author Topic: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.  (Read 24105 times)

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Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #150 on: March 31, 2021, 09:46:18 AM »
I never said it did... I don't think the McCanns would accept a settlement that didn't.... And I don't blame them

If the McCanns refuse what the ECHR considers a reasonable offer, they risk having their application struck off the list.

It is common for the European Court actively to become involved in facilitating settlement in a proactive way, and it may consider striking out an application if an applicant is considered “unreasonably” to have refused friendly settlement proposals.
https://www.echr.am/en/functions/representation/friendly-settlements.html#:~:text=The%20friendly%20settlement%20procedure%20in,opportunity%20to%20resolve%20a%20dispute.&text=The%20Court%20will%20usually%20set%20a%20time%20limit%20for%20any%20proposals.
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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #151 on: March 31, 2021, 10:12:29 AM »
If the McCanns refuse what the ECHR considers a reasonable offer, they risk having their application struck off the list.

It is common for the European Court actively to become involved in facilitating settlement in a proactive way, and it may consider striking out an application if an applicant is considered “unreasonably” to have refused friendly settlement proposals.
https://www.echr.am/en/functions/representation/friendly-settlements.html#:~:text=The%20friendly%20settlement%20procedure%20in,opportunity%20to%20resolve%20a%20dispute.&text=The%20Court%20will%20usually%20set%20a%20time%20limit%20for%20any%20proposals.

I'm aware of this... I don't see an admission of liability as being unreasonable

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #152 on: March 31, 2021, 10:21:54 AM »
I'm aware of this... I don't see an admission of liability as being unreasonable

What makes you think Portugal will admit liability?
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Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #153 on: March 31, 2021, 10:24:16 AM »
If the McCanns refuse what the ECHR considers a reasonable offer, they risk having their application struck off the list.

It is common for the European Court actively to become involved in facilitating settlement in a proactive way, and it may consider striking out an application if an applicant is considered “unreasonably” to have refused friendly settlement proposals.
https://www.echr.am/en/functions/representation/friendly-settlements.html#:~:text=The%20friendly%20settlement%20procedure%20in,opportunity%20to%20resolve%20a%20dispute.&text=The%20Court%20will%20usually%20set%20a%20time%20limit%20for%20any%20proposals.

There would be nothing Friendly about it.  First of all Portugal would have to throw Amaral under a bus, followed shortly by The State of Portugal which everyone would know how to interpret.

Whether or not The McCanns would agree to this is not something on which I can pontificate, but I doubt that their application would be thrown out if they were to refuse.  In fact The McCanns would stand to gain more by refusing as Money is very unlikely to be their motive for bringing the Application in the first instance.

Offline jassi

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #154 on: March 31, 2021, 10:43:14 AM »
There would be nothing Friendly about it.  First of all Portugal would have to throw Amaral under a bus, followed shortly by The State of Portugal which everyone would know how to interpret.

Whether or not The McCanns would agree to this is not something on which I can pontificate, but I doubt that their application would be thrown out if they were to refuse.  In fact The McCanns would stand to gain more by refusing as Money is very unlikely to be their motive for bringing the Application in the first instance.

I don't see McCann as the negotiating type.

Not that we'll get a front seat as proceeding take their course, but the outcome will sure beinteresting.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #155 on: March 31, 2021, 10:50:15 AM »
What makes you think Portugal will admit liability?
I have no idea if they will or will not... Do you

Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #156 on: March 31, 2021, 10:59:23 AM »
I don't see McCann as the negotiating type.

Not that we'll get a front seat as proceeding take their course, but the outcome will sure beinteresting.

After nearly fourteen years of the rubbish and misinformation, why should they be?

And as the negotiation would have to come from Portugal, they don't even need to do anything other than to say No.  This would all be down to Portugal.

Offline Robittybob1

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #157 on: March 31, 2021, 11:27:59 AM »
I don't see that as a possibility.. For the McCanns there would have to be a public acceptance of the failings of the Portuguese justice system.. And rightly so.. All my opinion
Both sides will have to be friendly.
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Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #158 on: March 31, 2021, 11:28:55 AM »
After nearly fourteen years of the rubbish and misinformation, why should they be?

And as the negotiation would have to come from Portugal, they don't even need to do anything other than to say No.  This would all be down to Portugal.

Saying no won't automatically lead to a decision being taken by the ECHR. Saying no to a reasonable offer could lead to their application being struck out and them getting nothing at all.
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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #159 on: March 31, 2021, 11:30:21 AM »
Both sides will have to be friendly.
That really doesn't mean anything... I doubt there will be any raised voices.

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #160 on: March 31, 2021, 11:30:50 AM »
I have no idea if they will or will not... Do you

I asked because you seem to be saying that an admission of liability will be required.
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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #161 on: March 31, 2021, 11:33:08 AM »
Saying no won't automatically lead to a decision being taken by the ECHR. Saying no to a reasonable offer could lead to their application being struck out and them getting nothing at all.

How would you describe a reasonable offer.
For four years sceptics have been saying they won't go too the ECHR.. their claim will be thrown out... Now its they have to accept a reasonable offer..

Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #162 on: March 31, 2021, 11:34:26 AM »
Both sides will have to be friendly.

Why should The MCanns be Friendly?

Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #163 on: March 31, 2021, 11:34:34 AM »
I asked because you seem to be saying that an admission of liability will be required.

If you read my posts you will see that I don't think the McCanns will accept an offer that doesn't admit a breach.

Offline Robittybob1

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #164 on: March 31, 2021, 11:35:41 AM »
That really doesn't mean anything... I doubt there will be any raised voices.
Portugal will want to save face and the McCanns want their fund to remain intact.  That's why I think the settlement details would have to be suppressed. 
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