The forthcoming libel trial ...

[ferryman]

(Assuming attempts at an out-of-court settlement have broken down without resolution):

What will the McCanns need to show if their action is to be successful?

[debunker]

That, on a balance of probabilities, the actions of Amaral were such that it transgressed the McCanns' (including Madeleine's) rights under Portuguese Law.

[Jean-Pierre]

There is a further issue, concerning the level of financial compensation.

In this there is a tension between fair damages and a person not benefitting from a tort. 

How a court will be able to resolve this, I do not know. 

[ferryman]

There is a further issue, concerning the level of financial compensation.

In this there is a tension between fair damages and a person not benefitting from a tort. 

How a court will be able to resolve this, I do not know.

Could it not be argued that damage (both to the McCanns' reputation and, more importantly, to the search for Madeleine) is commensurate with profits made from the sale of a book that promotes the theory as if fact that Madeleine is dead?

[Jean-Pierre]

Possible.  But in my view there is still a mismatch. 

[ferryman]

Possible.  But in my view there is still a mismatch.

Where is the mismatch?

[Jean-Pierre]

Well, a libel settlement of 1.2m euros would be seen as v large in a Portuguese context where settlements are generally much lower.

Balanced against  this is that the payment would in all probablity be directed to the fund, and  not to the Mccanns personally. 

Perhaps a conditional settlement?

[icabodcrane]

Presuming the trial goes ahead, and presuming the McCann win,  how would the level of damages duffered by them be measured ?

I am thinking, in particular, of this strand of their claim :

( They have suffered )  "Permanent anxiety, insomnia, lack of appetite, irritability and an undefinable fear"
 ( as a direct result of Amaral's book )

Would they be required to support that claim,  as in providing evidence of medical help recieved and medication prescribed ?

...  and does the claim suggest that if it were not for Amaral's book, they, as  parents of a missing child, would not  be suffering permanent anxiety, insomnia, lack of appetite, irritability and an undefinable fear  ? 

How would a court determine that the mental health of the McCanns was related to Amaral's book,  rather than their tragic  circumstances  ?

[ferryman]

Well, a libel settlement of 1.2m euros would be seen as v large in a Portuguese context where settlements are generally much lower.

Balanced against  this is that the payment would in all probablity be directed to the fund, and  not to the Mccanns personally. 

Perhaps a conditional settlement?

Is that figure of 1.2 million euros confirmed as the amount they are seeking?

[Redblossom]

Well, a libel settlement of 1.2m euros would be seen as v large in a Portuguese context where settlements are generally much lower.

Balanced against  this is that the payment would in all probablity be directed to the fund, and  not to the Mccanns personally. 

Perhaps a conditional settlement?

Is that figure of 1.2 million euros confirmed as the amount they are seeking?

Depends what you mean by *confirmed* but yes 1.2 m euros or 1 m pounds is what was reported in the papers

http://gerrymccannsblogs.co.uk/press/27JULY9/MIRROR_12_07_09.htm

[ferryman]

How about this as a thought.

With the fund now awash with the proceeds from the sale of Kate's book, the settlement sum is probably the lowest of the McCanns' priority.

Suppose the McCanns were to put an offer to Amaral that, if he admits his book is work of libel and lies, as much will be taken from the fund as is necessary to cover the McCanns' legal expenses; perhaps a (modest) sum on top for the fund and Amaral can walk away with the rest.

The McCanns will have what they most want from this action: acknowledgement that Amaral's book is a work of traducement and libel, while Amaral will be seen to have preserved what matters most to him; retention of ill-gotten-gains from a work publicly exposed and admitted as traducement and falsehood.

Amaral will have kept hold of his cash but lost face.

Delicious irony.

[Redblossom]

Dream on Ferryman and get back to reality, and REREAD what the  mccanns put in their writ, which is evidently untrue, that their lives have been destroyed on every single level imaginable , and irreparably, just because Mr Amaral wrote abook about the investigation, oh well

[icabodcrane]

How about this as a thought.

With the fund now awash with the proceeds from the sale of Kate's book, the settlement sum is probably the lowest of the McCanns' priority.

Suppose the McCanns were to put an offer to Amaral that, if he admits his book is work of libel and lies, as much will be taken from the fund as is necessary to cover the McCanns' legal expenses; perhaps a (modest) sum on top for the fund and Amaral can walk away with the rest.

The McCanns will have what they most want from this action: acknowledgement that Amaral's book is a work of traducement and libel, while Amaral will be seen to have preserved what matters most to him; retention of ill-gotten-gains from a work publicly exposed and admitted as traducement and falsehood.

Amaral will have kept hold of his cash but lost face.

Delicious irony.

You may be right  ...  that may be exactly what was offered by the McCanns

If that  was  the case though,  it appears Amaral can not be bought

[DevilsAdvocate]

Presuming the trial goes ahead, and presuming the McCann win,  how would the level of damages duffered by them be measured ?

I am thinking, in particular, of this strand of their claim :

( They have suffered )  "Permanent anxiety, insomnia, lack of appetite, irritability and an undefinable fear"
 ( as a direct result of Amaral's book )

Would they be required to support that claim,  as in providing evidence of medical help recieved and medication prescribed ?

...  and does the claim suggest that if it were not for Amaral's book, they, as  parents of a missing child, would not  be suffering permanent anxiety, insomnia, lack of appetite, irritability and an undefinable fear  ? 

How would a court determine that the mental health of the McCanns was related to Amaral's book,  rather than their tragic  circumstances  ?

Well, a libel settlement of 1.2m euros would be seen as v large in a Portuguese context where settlements are generally much lower.

Balanced against  this is that the payment would in all probablity be directed to the fund, and  not to the Mccanns personally. 

Perhaps a conditional settlement?

Two very interesting points of view.

[debunker]

Presuming the trial goes ahead, and presuming the McCann win,  how would the level of damages duffered by them be measured ?

I am thinking, in particular, of this strand of their claim :

( They have suffered )  "Permanent anxiety, insomnia, lack of appetite, irritability and an undefinable fear"
 ( as a direct result of Amaral's book )

Would they be required to support that claim,  as in providing evidence of medical help recieved and medication prescribed ?

...  and does the claim suggest that if it were not for Amaral's book, they, as  parents of a missing child, would not  be suffering permanent anxiety, insomnia, lack of appetite, irritability and an undefinable fear  ? 

How would a court determine that the mental health of the McCanns was related to Amaral's book,  rather than their tragic  circumstances  ?

Well, a libel settlement of 1.2m euros would be seen as v large in a Portuguese context where settlements are generally much lower.

Balanced against  this is that the payment would in all probablity be directed to the fund, and  not to the Mccanns personally. 

Perhaps a conditional settlement?

Two very interesting points of view.

If the claim is successful, the money is likely to end up in the fund as has all the other money from libel actions or from the book and serialisation.