Pro bono or Conditional Fee Arrangement (CFA)?

[Robittybob1]

How many times have CR lost a libel case in court

Do you really expect someone to know the answer to a question like that?

[Robittybob1]

It would be interesting to be apprised just how you believe that happened, and by what mechanism, in the real world and not one you have just invented.
Work out the contractual relationships, follow the money then you will realise who paid in actuality.

If the money is paid by the papers and handed to CR they might keep a share and the rest goes to the Madeleine Fund.  With that situation it could be said the papers paid CR.

[Robittybob1]

And if the McCann's lost like they did with Goncalo Amaral? Who pays then as CR weren't going to do it for nothing.

Was Carter Ruck involved in the case against Amaral and others in Portugal?

[Sunny]

Was Carter Ruck involved in the case against Amaral and others in Portugal?

No that was Isabel Duarte if I recall. I see what you mean though Robittybob1 I wasn't very clear there was I. I will modify the post.

[John]

Was Carter Ruck involved in the case against Amaral and others in Portugal?

That's all very hush hush like so much in this case Robbie.  They could very well have acted as intermediaries or may even have recommended Duarte for all we know, these lawyers have tentacles everywhere. 

Any particular reason you enquire?

[Robittybob1]

That's all very hush hush like so much in this case Robbie.  They could very well have acted as intermediaries or may even have recommended Duarte for all we know, these lawyers have tentacles everywhere. 

Any particular reason you enquire?

I was just wondering if CR had done the Portugal case CFA or pro bono too.

[Alice Purjorick]

If the money is paid by the papers and handed to CR they might keep a share and the rest goes to the Madeleine Fund.  With that situation it could be said the papers paid CR.

Why? CR were not parties to the contract that formed the out of court settlement.
The parties to that contract were the McCanns and The Press. CR were only advisors, draftsmen, negotiators and possibly stakeholders.
In simple terms with the two parties to the contract who was buying what and who was selling what?
Join up the dots.

[G-Unit]

The law on CFA's was changed in 2013 . As a firm which does a substantial amount of work using CFA Carter-Ruck  submitted a memorandum supporting such agreements. They quote Gerry McCann;

As our client Dr Gerry McCann told the audience at the International Bar Association conference in Madrid on 6 October 2009:

“It is very important that ordinary people like ourselves do have legal representation. I’m not sure we could have gone through this without the CFA. This kind of arrangement should continue in the UK.”

....2.14 In the media context, for example we have represented on CFAs:

Kate and Gerry McCann.


https://www.carter-ruck.com/images/uploads/documents/Carter_Ruck_submission_and_Appendices_on_Legal_Aid_Bill_14_9_11.PDF

[Angelo222]

The law on CFA's was changed in 2013 . As a firm which does a substantial amount of work using CFA Carter-Ruck  submitted a memorandum supporting such agreements. They quote Gerry McCann;

As our client Dr Gerry McCann told the audience at the International Bar Association conference in Madrid on 6 October 2009:

“It is very important that ordinary people like ourselves do have legal representation. I’m not sure we could have gone through this without the CFA. This kind of arrangement should continue in the UK.”

....2.14 In the media context, for example we have represented on CFAs:

Kate and Gerry McCann.


https://www.carter-ruck.com/images/uploads/documents/Carter_Ruck_submission_and_Appendices_on_Legal_Aid_Bill_14_9_11.PDF

Beggars the question as to what arrangement was put in place to pay Isabel Duarte for her failed libel suit?   The ironic part about this is that damages won suing the British press were probably used via the Maddie Fund to pay the Portuguese lawyers. The truth about all this will no doubt remain hidden.

[Alice Purjorick]

Beggars the question as to what arrangement was put in place to pay Isabel Duarte for her failed libel suit?   The ironic part about this is that damages won suing the British press were probably used via the Maddie Fund to pay the Portuguese lawyers. The truth about all this will no doubt remain hidden.

Was she not on "pay as you go"?.
CFAs not being permissible in Portugal.

[G-Unit]

Beggars the question as to what arrangement was put in place to pay Isabel Duarte for her failed libel suit?   The ironic part about this is that damages won suing the British press were probably used via the Maddie Fund to pay the Portuguese lawyers. The truth about all this will no doubt remain hidden.

In the Fund accounts Yr/E 31/03/2017 there is a sum of £ 51,718 owing to 'Other creditors'. Included in that is money owed to Isabel Duarte for her work on the libel trial against Amaral.
https://beta.companieshouse.gov.uk/company/06248215/filing-history

[Sunny]

I wouldn't be surprised if there is money owed to Goncalo Amaral too now as I can't expect him to have to pay all his court costs when winning (3 times).

This is regardless of any EHCR appeal as that has nothing to do with the financial conclusions of the completed cases IMO.

[Angelo222]

I wouldn't be surprised if there is money owed to Goncalo Amaral too now as I can't expect him to have to pay all his court costs when winning (3 times).

This is regardless of any EHCR appeal as that has nothing to do with the financial conclusions of the completed cases IMO.

How are the McCanns going to pay Amaral anyway as it is their debt and not that of the Maddie Fund?  Will Rothley Towers be appearing on Purple Bricks any time soon??

ETA. There's always the possibility of some creative accounting though I suppose.   

[Vertigo Swirl]

How are the McCanns going to pay Amaral anyway as it is their debt and not that of the Maddie Fund?  Will Rothley Towers be appearing on Purple Bricks any time soon??

ETA. There's always the possibility of some creative accounting though I suppose.   

Maybe they’ll come to some arrangement like Tony Bennett has where they pay Amaral £3.50 a month until the debt is settled?

[Mr Gray]

maybe kate will write another million pound best seller