McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
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Page 12 of 18
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Re:McCanns lose their appeal 31/01/17
I am thinking that maybe Amazon USA may help out here. Although I have heard that Dr. Amaral is looking for a UK publisher. I do hope he finds one soon.
costello- Posts : 2410
Join date : 2014-08-31
Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Surely, any proper trial would be by the PJ not OG? So if Goncalo is allowed to publish in Portugal without fear of obstructing any court case selling the book in this country (UK) wouldn't prejudice anything?
ETA - this is not a British case is it? I think we've been over this before?
ETA - this is not a British case is it? I think we've been over this before?
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bluebell- Posts : 1677
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
candyfloss wrote:Just saw it and have copied....
Madeleine McCann's parents 'disappointed' by libel ruling
2 February 2017
Kate and Gerry McCann attended the initial libel trial in Lisbon
Madeleine McCann's parents have told of their disappointment after Portugal's highest court threw out their libel case against an ex-detective.
In 2015, Goncalo Amaral was ordered to pay 500,000 euros (£425,000) to Kate and Gerry McCann, of Rothley, Leicestershire, after he implicated them in their daughter's disappearance.
The decision was overturned following an appeal last year.
The McCanns took the case to Portugal's Supreme Court, but it was dismissed.
Madeleine went missing days before her fourth birthday, while on a family holiday in the Algarve in 2007, and has not been seen since.
Mr Amaral had suggested the couple faked her abduction.
While the judges' official ruling is yet to be published, lawyers for Mr and Mrs McCann have been informed of the decision.
According to the Associated Press news agency, a court official said the court had ruled the allegations were protected by freedom of expression laws.
"What we have been told by our lawyers is obviously extremely disappointing," the McCanns said in a statement.
"It is eight years since we brought the action and in that time the landscape has dramatically changed, namely there is now a joint Metropolitan Police-Policia Judiciaria investigation, which is what we've always wanted.
"The police in both countries continue to work on the basis that there is no evidence that Madeleine has come to physical harm."
Madeleine went missing from her family's holiday apartment in Praia da Luz, on May 3 2007, as her parents dined at a nearby tapas restaurant
The McCanns sued Mr Amaral over claims he made in his 2008 book
Mr Amaral, who led the initial investigation into Madeleine's disappearance but was taken off the case in October 2007, released his book - In The Truth Of The Lie - three days after Portuguese police closed their investigation the following year.
He later took part in a documentary for Portuguese television in which he claimed Madeleine was dead, there had been no abduction and that the McCanns had hidden her body.
The McCanns have said previously the claims had exacerbated their anguish and discouraged people from coming forward with information.
Scotland Yard started a review of the case in May 2011, after then-Prime Minister David Cameron responded to a plea from the McCanns
http://www.bbc.co.uk/news/uk-38836473
Apologies for quoting this big piece, I don't know how to select parts on iPad.
Anyway, I've noticed they are trying to play down the fact they were suing for hard cash. It wasn't about the money my ass, didn't they try their best to settle out of court some time back?
They are trying to insinuate also that the joint investigation only happened because they sued Mr Amaral Typical McCann twisted stories.
Bloodhound- Posts : 407
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Those Lib Dem connections really do keep cropping up...along with Justine etal we have Freud of course and thenDavid Steel took them to the Musselburgh races . ...any more anyone can think of??unreorganised wrote:Andrew wrote:@bluebell. This doesn't really answer your question but it was something I was reading last night which I found quite interesting:
http://www.iaindale.com/posts/2013/09/22/how-newspaper-book-serialisations-work
Interesting that you should mention Iain Dale; here's a blast from the past.
http://iaindale.blogspot.co.uk/2007/09/libdems-who-are-advising-mccanns.html
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Bampots- Posts : 2320
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
The Portuguese Supreme Court decided that GA was entitled to voice an opinion as an expert detective who had worked on the case, but that was under Portuguese Law
This would not apply in the UK
Specifically in England, where English Law is applicable, the book as it stands would be deemed libellous
Personally I would say there is no chance of a translation appearing in UK bookshops in the forseeable future, and probably never - unless there is a conviction approximating to his theory
This would not apply in the UK
Specifically in England, where English Law is applicable, the book as it stands would be deemed libellous
Personally I would say there is no chance of a translation appearing in UK bookshops in the forseeable future, and probably never - unless there is a conviction approximating to his theory
Satsuma- Posts : 571
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Satsuma wrote:The Portuguese Supreme Court decided that GA was entitled to voice an opinion as an expert detective who had worked on the case, but that was under Portuguese Law
This would not apply in the UK
Specifically in England, where English Law is applicable, the book as it stands would be deemed libellous
Personally I would say there is no chance of a translation appearing in UK bookshops in the forseeable future, and probably never - unless there is a conviction approximating to his theory
What about Scotland? There's this thing about Scottish newspapers being able to print things that are banned in England. Would this apply to books? Could a Scottish paper print excerpts from the book?
Last edited by froggy on Thu 02 Feb 2017, 9:18 pm; edited 1 time in total
froggy- Posts : 747
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Satsuma wrote:The Portuguese Supreme Court decided that GA was entitled to voice an opinion as an expert detective who had worked on the case, but that was under Portuguese Law
This would not apply in the UK
Specifically in England, where English Law is applicable, the book as it stands would be deemed libellous
Personally I would say there is no chance of a translation appearing in UK bookshops in the forseeable future, and probably never - unless there is a conviction approximating to his theory
Well hopefully that's next on the list....
Andrew- Posts : 13074
Join date : 2014-08-29
Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
There are differences between English and Scottish Law re libel, froggy, see what you think
Info here: http://www.brodies.com/node/4120
also, libel law is always being looked at with a view to revision because of the "internet age" so things may change in England too
Info here: http://www.brodies.com/node/4120
also, libel law is always being looked at with a view to revision because of the "internet age" so things may change in England too
Last edited by Satsuma on Thu 02 Feb 2017, 9:30 pm; edited 1 time in total
Satsuma- Posts : 571
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Aye, gie it tae the Daily Record. They'll make mincmeat o' thae fancy lawyers. Or gie them a Glesga kiss.froggy wrote:Satsuma wrote:The Portuguese Supreme Court decided that GA was entitled to voice an opinion as an expert detective who had worked on the case, but that was under Portuguese Law
This would not apply in the UK
Specifically in England, where English Law is applicable, the book as it stands would be deemed libellous
Personally I would say there is no chance of a translation appearing in UK bookshops in the forseeable future, and probably never - unless there is a conviction approximating to his theory
What about Scotland? There's this thing about Scottish newspapers being able to print things that are banned in England. Would this apply to books? Could a Scottish paper print excerpts from the book?
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chirpyinsect- Posts : 4836
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
In defamation cases, the old concept of "fair comment" has been replaced with a defence of "honest opinion"
http://www.cearta.ie/2016/07/reform-of-the-law-of-defamation-the-defence-of-honest-opinion/
This means, for example, that you can say a hotel was terrible or a film star is rubbish - but you must state why
I just don't think this extends as far as saying that you think two people covered up the disapperance of their daughter - unless you can point to specific facts that indicate thus
And as we know, facts are in short supply in this case
http://www.cearta.ie/2016/07/reform-of-the-law-of-defamation-the-defence-of-honest-opinion/
This means, for example, that you can say a hotel was terrible or a film star is rubbish - but you must state why
I just don't think this extends as far as saying that you think two people covered up the disapperance of their daughter - unless you can point to specific facts that indicate thus
And as we know, facts are in short supply in this case
Satsuma- Posts : 571
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Not sure if this is relevant and to be honest got totally sidetracked elsewhere, so forgot my train of thought... but I was reading it earlier today (and more):
http://www.pressgazette.co.uk/banker-fails-uk-libel-action-against-portuguese-newspaper-england-and-wales-circulation-136/
http://www.pressgazette.co.uk/banker-fails-uk-libel-action-against-portuguese-newspaper-england-and-wales-circulation-136/
Andrew- Posts : 13074
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Holy moly, just found this over the road
http://yournewswire.com/madeleine-mccanns-parents-covered-up-death/
Portugal’s Supreme Court has ruled that the parents of missing British girl Madeleine McCann may have covered-up her death to protect an elite pedophile ring operation.
http://yournewswire.com/madeleine-mccanns-parents-covered-up-death/
Portugal’s Supreme Court has ruled that the parents of missing British girl Madeleine McCann may have covered-up her death to protect an elite pedophile ring operation.
Bloodhound- Posts : 407
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Bloodhound wrote:Holy moly, just found this over the road
http://yournewswire.com/madeleine-mccanns-parents-covered-up-death/
Portugal’s Supreme Court has ruled that the parents of missing British girl Madeleine McCann may have covered-up her death to protect an elite pedophile ring operation.
Where's that nonsense from......
Andrew- Posts : 13074
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
It's a spoof of course.
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Yea it's a load of garbage, I just read the rest of the article and nowhere in it does it say anything like the headline and first paragraph. Why oh why do they do this nonsense
Bloodhound- Posts : 407
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
I wonder how long it will take for anyone on CMoMM to realise it's a spoof?
I see that the font of all knowledge Verdi is online so let's hope that he does.
I see that the font of all knowledge Verdi is online so let's hope that he does.
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
No one else seems to be taking notice of the thread except for one other person.
When I went in there a while ago it said I was in Dublin, now it's saying Cork
Neither place is correct, or even close
When I went in there a while ago it said I was in Dublin, now it's saying Cork
Neither place is correct, or even close
Bloodhound- Posts : 407
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
froggy wrote:Satsuma wrote:The Portuguese Supreme Court decided that GA was entitled to voice an opinion as an expert detective who had worked on the case, but that was under Portuguese Law
This would not apply in the UK
Specifically in England, where English Law is applicable, the book as it stands would be deemed libellous
Personally I would say there is no chance of a translation appearing in UK bookshops in the forseeable future, and probably never - unless there is a conviction approximating to his theory
What about Scotland? There's this thing about Scottish newspapers being able to print things that are banned in England. Would this apply to books? Could a Scottish paper print excerpts from the book?
Or even a Scottish publisher there is quite a few of them,before i left Scotland i knew quite a few people within the legal profession including a high court judge (a Lord no less) but he has got dementia and could'nt remember me when i called him 3 year ago.It would be great if the book could be published in Scotland. Gonna check out google regarding this when i have more time.
dannii- Posts : 163
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Scottish, Irish, North Pole...... The Mc's are done.
Ok, some legal speak behind the scenes and guff...... But that's it.
Game over and they know it.
Ok, some legal speak behind the scenes and guff...... But that's it.
Game over and they know it.
Andrew- Posts : 13074
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Never mind GA, it's strange that the owners of this forum and the other one have never been sued for libel
Maybe it's because most of what's been written on them over the years is so far removed from the truth that it provides a distraction from what really happened
Maybe it's because most of what's been written on them over the years is so far removed from the truth that it provides a distraction from what really happened
Satsuma- Posts : 571
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
At last! Someone has the definitive answer. I wish you had said so sooner. It might have saved me wasting 3 years of my life.Satsuma wrote:Never mind GA, it's strange that the owners of this forum and the other one have never been sued for libel
Maybe it's because most of what's been written on them over the years is so far removed from the truth that it provides a distraction from what really happened
Do tell.
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chirpyinsect- Posts : 4836
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
Well, first of all put a line through everything that is regularly discussed on here and CMOMM and start again. In all probability, it isn't relevant. GA is different - he was part of the investigation and may know more than he revealed in the book
Last edited by Satsuma on Fri 03 Feb 2017, 8:01 am; edited 2 times in total
Satsuma- Posts : 571
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
I'm not suggesting that the book would be banned per se, which would indeed make a mockery of free movement of goods in the E.U. (as does duty on alcohol but that's another story). I just think that its plausible that a foreign publisher considering selling an English language version of the book in England might be advised not to publish because they would be opening themselves up to action in the English libel court. That would certainly have been the case previously, which is why there currently isn't an official English language version. (Madeleine was an English girl and the case has obviously attracted a huge amount of interest here. What other reason could there be for not publishing previously?) I'm just not sure how much difference the Portuguese supreme court decision has madeunreorganised wrote:AndyB wrote:My guess is that they could still sue for those copies that were sold to the UKPoe wrote:What would happen if the Portuguese publisher printed an English translation and sold it online (both in ebook and hardcopy) through a Portuguese website?
It would certainly be an interesting test case for the Treaty of Rome and the supposedly free movement of goods and services throughout the EU.
AndyB- Posts : 675
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court
I agree with that analysis, Andy
Satsuma- Posts : 571
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» SUPREME COURT RULING...... TRANSLATIONS
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» How will the McCanns pay Goncalo Amaral and the court costs?
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