Can Amaral sue for damages?

[John]

I do believe I mentioned previously that actions have consequences and that former Portuguese police coordinator Gonçalo Amaral will be entitled to substantial damages if he successfully defends the legal claim against him.  There is always a danger with any litigation that it can backfire.


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[Carana]

I do believe I mentioned previously that actions have consequences and that former Portuguese police coordinator Gonçalo Amaral will be entitled to substantial damages if he successfully defends the legal claim against him.  There is always a danger with any litigation that it can backfire.

How would that work and on what basis?

[John]

Until any further details make this clearer, it's sounding like a tabloid got their facts upside down yet gain and other tabs are copying it.

Time will tell...

It isn't rocket science Carana.  Amaral could very well be entitled to sunstantial damages given that his assets have been frozen by the McCanns for years leaving him unable to function financially not to mention the rest of it.

I would think £434,000 is chickfeed and no doubt the McCanns have been advised to set money aside to meet such an eventuality should the Supreme Court uphold the last ruling by the Appeal Court.

[Carana]

It isn't rocket science Carana.  Amaral could very well be entitled to sunstantial damages given that his assets have been frozen by the McCanns for years leaving him unable to function financially not to mention the rest of it.

I would think £434,000 is chickfeed and no doubt the McCanns have been advised to set money aside to meet such an eventuality should the Supreme Court uphold the last ruling by the Appeal Court.

Where in the PT civil code is it stated that someone can claim the amount of damages to be reversed within the same process?

And, if he countersues, on what basis? It was the court that froze his assets.

[G-Unit]

It isn't rocket science Carana.  Amaral could very well be entitled to sunstantial damages given that his assets have been frozen by the McCanns for years leaving him unable to function financially not to mention the rest of it.

I would think £434,000 is chickfeed and no doubt the McCanns have been advised to set money aside to meet such an eventuality should the Supreme Court uphold the last ruling by the Appeal Court.

I think his assets were frozen in Sept 2009, at the same time as the book was first banned? So that's 7 years interest for a start. Then there's loss of earnings due to the book banning. Then lawyer's fees and other expenses. I guess it all adds up.

[Carana]

I think his assets were frozen in Sept 2009, at the same time as the book was first banned? So that's 7 years interest for a start. Then there's loss of earnings due to the book banning. Then lawyer's fees and other expenses. I guess it all adds up.

The McCanns didn't freeze his assets, the court did. So who would he sue?

[ferryman]

The McCanns didn't freeze his assets, the court did. So who would he sue?

Why the courts, silly .....

[G-Unit]

The McCanns didn't freeze his assets, the court did. So who would he sue?

The courts did it at the request of the McCann's lawyers so it would be there when they won. I don't know if this applies in Portugal;

As with most injunctions, the applicant must provide an undertaking to the court to compensate the defendant for any damage caused by the order.
https://en.wikipedia.org/wiki/Asset_freezing

[John]

Where in the PT civil code is it stated that someone can claim the amount of damages to be reversed within the same process?

And, if he countersues, on what basis? It was the court that froze his assets.

His assets were frozen at the request of his pursuers.

[Brietta]

I think his assets were frozen in Sept 2009, at the same time as the book was first banned? So that's 7 years interest for a start. Then there's loss of earnings due to the book banning. Then lawyer's fees and other expenses. I guess it all adds up.

• the interest has been accruing in the account frozen by the Courts for seven years
• Amaral has authored other books in the intervening period as well as becoming a celebrated media personality so there may be a certain difficulty for him in claiming 'loss of earnings'
• Amaral's legal expenses have been covered by public subscription throughout ... so nothing to 'add up' there I imagine

[G-Unit]

• the interest has been accruing in the account frozen by the Courts for seven years
• Amaral has authored other books in the intervening period as well as becoming a celebrated media personality so there may be a certain difficulty for him in claiming 'loss of earnings'
• Amaral's legal expenses have been covered by public subscription throughout ... so nothing to 'add up' there I imagine

k
The question of interest will be dealt with by the courts as part of the present case. If the Supreme Court upholds the Appeal Court decision no doubt Amaral's lawyer will apply for interest on the frozen funds just as Duarte did. He is also entitled to an amount towards his other costs. It's possible there will be claims from the other defendants also.

If Amaral is found innocent then he was clearly damaged by this case. At the very least he lost the use of his funds for seven years.

[Brietta]

k
The question of interest will be dealt with by the courts as part of the present case. If the Supreme Court upholds the Appeal Court decision no doubt Amaral's lawyer will apply for interest on the frozen funds just as Duarte did. He is also entitled to an amount towards his other costs. It's possible there will be claims from the other defendants also.

If Amaral is found innocent then he was clearly damaged by this case. At the very least he lost the use of his funds for seven years.

The problem for Amaral in pursuing a case along the lines you suggest is that the burden of proof lies with him.

The Courts will definitely demand to see his financial records as will the McCann lawyers (bet they can't wait).

Investigation of his finances has caused problems for him in the past ... then perhaps he is a man who learns nothing from history ... all may be revealed in the fullness of time ... bird in the hand and all that.

[stephen25000]

The problem for Amaral in pursuing a case along the lines you suggest is that the burden of proof lies with him.

The Courts will definitely demand to see his financial records as will the McCann lawyers (bet they can't wait).

Investigation of his finances has caused problems for him in the past ... then perhaps he is a man who learns nothing from history ... all may be revealed in the fullness of time ... bird in the hand and all that.

As to seeing financial records, that is precisely what could be asked of the Mccanns in the very near future.

[G-Unit]

The problem for Amaral in pursuing a case along the lines you suggest is that the burden of proof lies with him.

The Courts will definitely demand to see his financial records as will the McCann lawyers (bet they can't wait).

Investigation of his finances has caused problems for him in the past ... then perhaps he is a man who learns nothing from history ... all may be revealed in the fullness of time ... bird in the hand and all that.

Do you think he'll have a problem showing his assets were frozen for seven years? How so?

He will have no problem proving sales of his book were banned. Neither will his publishers.

[Brietta]

As to seeing financial records, that is precisely what could be asked of the Mccanns in the very near future.

Why?