McCanns have opposed the appeal by Dr Amaral

Page 1 of 2 1, 2  Next

Go down

McCanns have opposed the appeal by Dr Amaral

Post  Magnum on Sat 18 Jul 2015, 9:53 pm

OPPOSITION TO THE APPEAL

On 13th July 2015 at 20.31.48 there was an opposition to the appeal filed at Ms Duartes office by Mr Correia Alfonso on behalf of the McCanns.

http://gyazo.com/052a2efbc1890f9bf95963b7df3b64ac
avatar
Magnum

Posts : 49
Join date : 2014-09-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Mimi on Sat 18 Jul 2015, 9:59 pm

Magnum wrote:OPPOSITION TO THE APPEAL

On 13th July 2015 at 20.31.48 there was an opposition to the appeal filed at Ms Duartes office by Mr Correia Alfonso on behalf of the McCanns.

http://gyazo.com/052a2efbc1890f9bf95963b7df3b64ac

What does that mean? Can the McCanns get the Appeal stopped or does it just mean they will contest it ?

_________________
The constant assertion of belief is an indication of fear.
Jiddu Krishnamurti

avatar
Mimi

Posts : 3537
Join date : 2014-09-01

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:02 pm

Can't make head nor tail of that link.

All the guff on twitter that no appeal was in place originally by GA, and he was going to drink the fund money as suggested. 

Then now the Mc's are appealing?  Although can't read the link..
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Magnum on Sat 18 Jul 2015, 10:04 pm

The appeal launched by Snr Amaral has received a registered opposition from McCann legal team.
avatar
Magnum

Posts : 49
Join date : 2014-09-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:11 pm

So in a nutshell...  What does that now mean

An appeal to appeal the appeal....
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Dee Coy on Sat 18 Jul 2015, 10:11 pm

Magnum wrote:The appeal launched by Snr Amaral has received a registered opposition from McCann legal team.

Do you know what the consequences could be of this opposition, Magnum? Could the appeal be stopped before it's even started?

_________________
Philip Larkin wrote:It stands plain as a wardrobe, what we know, Have always known, know that we can't escape, Yet can't accept.
avatar
Dee Coy

Posts : 2296
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Guest on Sat 18 Jul 2015, 10:19 pm

Can an appeal be opposed? surely a ruling can only be? has Amaral been successful and an immediate appeal against that has been made?

Guest
Guest


Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Magnum on Sat 18 Jul 2015, 10:22 pm

Dee Coy wrote:
Magnum wrote:The appeal launched by Snr Amaral has received a registered opposition from McCann legal team.

Do you know what the consequences could be of this opposition, Magnum? Could the appeal be stopped before it's even started?

I am hoping it is just delaying tactics on the part of the McCanns. . The longer this process is drawn out the more it will cost Amaral.
avatar
Magnum

Posts : 49
Join date : 2014-09-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:23 pm

Seems odd.

So GA made an appeal a while back. Was it successful? 

I guess it was if TM are straight on the case opposing it..

They can't oppose or appeal it if it wasn't... Surely..
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:26 pm

Magnum wrote:
Dee Coy wrote:
Magnum wrote:The appeal launched by Snr Amaral has received a registered opposition from McCann legal team.

Do you know what the consequences could be of this opposition, Magnum? Could the appeal be stopped before it's even started?

I am hoping it is just delaying tactics on the part of the McCanns. . The longer this process is drawn out the more it will cost Amaral.
...The more it will cost Amaral....

Shouldn't cost him anything..
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:35 pm

Is there a proper official link to this....

Apart from a typed up piece of paper that I can't actually read on my phone anyway.... 

Apologies, if that sounds rude Eta.
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Guest on Sat 18 Jul 2015, 10:37 pm

Andrew wrote:
Magnum wrote:
Dee Coy wrote:
Magnum wrote:The appeal launched by Snr Amaral has received a registered opposition from McCann legal team.

Do you know what the consequences could be of this opposition, Magnum? Could the appeal be stopped before it's even started?

I am hoping it is just delaying tactics on the part of the McCanns. . The longer this process is drawn out the more it will cost Amaral.
...The more it will cost Amaral....

Shouldn't cost him anything..

Thats what I thought,his cost would would only be for the appeal surely,is this another piece of subterfuge by TM,there seems an awful lot coming out,OG aren't talking to them they are trying to flush the fox out.

Guest
Guest


Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  PeterMac on Sat 18 Jul 2015, 10:38 pm

My Guess is

Snr Amaral has registered his intention to Appeal against the 2 out of the 7 judgments which were found against him.
The others were of course in his favour. The judge made strong comments about the evidence
given by the Mccanns and their team,and awarded substantial costs against them . . .
Do you wish to accept this appeal, or is it your intention to fight to the end of the "Fund", and / or until your reputation is in tatters.

Err, Umm well yeh, or no, but yeh, but no, but yeh . . . .

The court will record this as NO. The appeal will proceed.
avatar
PeterMac

Posts : 210
Join date : 2015-04-12

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Guest on Sat 18 Jul 2015, 10:44 pm

PeterMac wrote:My Guess is

Snr Amaral has registered his intention to Appeal against the 2 out of the 7 judgments which were found against him.  
The others were of course in his favour. The judge made strong comments about the evidence
given by the Mccanns and their team,and awarded substantial costs against them . . .
Do you wish to accept this appeal, or is it your intention to fight to the end of the "Fund", and / or until your reputation is in tatters.

Err,  Umm well yeh, or no, but yeh, but no, but yeh . . . .

The court will record this as NO. The appeal will proceed.

Sounds reasonable.

Don't know if any follow twitter but shills says there is no appeal then says the TM are opposing the appeal, scratch

Guest
Guest


Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:46 pm

2 out of the 7 Peter...

Can you just remind and refresh the memories of the good folk on this forum what that was.....

... Well for me really as can't remember.
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Guest on Sat 18 Jul 2015, 10:47 pm

where's that list again? The one that went...
The shutters were jemmied. Then they weren't.
The Tapas had no watches or mobiles. Then they did.
The door was unlocked. Then it was locked.
Etc. Etc.
There was no appeal. Then there was.
So what else is new.

Guest
Guest


Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 10:51 pm

caricature wrote:
PeterMac wrote:My Guess is

Snr Amaral has registered his intention to Appeal against the 2 out of the 7 judgments which were found against him.  
The others were of course in his favour. The judge made strong comments about the evidence
given by the Mccanns and their team,and awarded substantial costs against them . . .
Do you wish to accept this appeal, or is it your intention to fight to the end of the "Fund", and / or until your reputation is in tatters.

Err,  Umm well yeh, or no, but yeh, but no, but yeh . . . .

The court will record this as NO. The appeal will proceed.

Sounds reasonable.

Don't know if any follow twitter but shills says there is no appeal then says the TM are opposing the appeal, scratch
Got a business twitter recently but literally suicide if get involved with Mccann hashtag. 

Do look in though and was lots of piss taking going on recently that GA hasn't made an appeal etc etc...

When the paid shills spout crap then it means the reverse. 

GA did, they didn't like it, got scared, said other crap to dismiss it...

Usual tactics really.


Last edited by Andrew on Sat 18 Jul 2015, 10:53 pm; edited 1 time in total
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Guest on Sat 18 Jul 2015, 10:52 pm

Its a ruse surely,Amaral was/is the defendent,he was found against,its his right to appeal,how can the plaintiffs oppose? unless I'm missing something scratch

Guest
Guest


Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Freedom on Sat 18 Jul 2015, 10:59 pm

Andrew, there's something here re the nonsense spouted by an infamous McCann supporter about there being no appeal.

http://maddiemccannmystery.forumotion.co.uk/t714p570-dr-amaral-s-defence-funds-update-target-reached-let-s-keep-it-going-over-34000-so-far#32993
avatar
Freedom
Moderator
Moderator

Posts : 16487
Join date : 2014-08-17
Age : 103
Location : The nearest darkened room

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 11:03 pm

I saw that freedom the other day

Admittedly, not come across that Richard David chap before. Unless goes by a different name..
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Magnum on Sat 18 Jul 2015, 11:07 pm

Andrew wrote:I saw that freedom the other day

Admittedly, not come across that Richard David chap before. Unless goes by a different name..

Robert Guest among others. Wink
avatar
Magnum

Posts : 49
Join date : 2014-09-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Andrew on Sat 18 Jul 2015, 11:18 pm

All these names are confusing. Especially for me when my memory is like a goldfish.

Someone should do some sort of excel spreadsheet on who is who.

Be interesting to be fair.

Separate column for socks..... 

....Or 2 columns if your name rhymes with pony.
avatar
Andrew

Posts : 13085
Join date : 2014-08-29

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Guest on Sun 19 Jul 2015, 9:31 am

Just read elsewhere that the McCanns have opposed the appeal which was heard last Monday,trying to get confirmation.
Joanna Morais tweeted this,even with translate its mumbo jumbo scratch

Artigo 639.º - Ónus de alegar e formular conclusões 1 - O recorrente deve apresentar a sua alegação, na qual conclui, de forma sintética, pela indicação dos fundamentos por que pede a alteração ou anulação da decisão.

2 - Versando o recurso sobre matéria de direito, as conclusões devem indicar:
a) As normas jurídicas violadas;
b) O sentido com que, no entender do recorrente, as normas que constituem fundamento jurídico da decisão deviam ter sido interpretadas e aplicadas;
c) Invocando-se erro na determinação da norma aplicável, a norma jurídica que, no entendimento do recorrente, devia ter sido aplicada.

3 - Quando as conclusões sejam deficientes, obscuras, complexas ou nelas se não tenha procedido às especificações a que alude o número anterior, o relator deve convidar o recorrente a completá-las, esclarecê-las ou sintetizá-las, no prazo de cinco dias, sob pena de se não conhecer do recurso, na parte afetada.

4 - O recorrido pode responder ao aditamento ou esclarecimento no prazo de cinco dias.

5 - O disposto nos números anteriores não é aplicável aos recursos interpostos pelo Ministério Público, quando recorra por imposição da lei.
Artigo 643.º - Reclamação contra o indeferimento 1 - Do despacho que não admita o recurso pode o recorrente reclamar para o tribunal que seria competente para dele conhecer no prazo de 10 dias contados da notificação da decisão.

2 - O recorrido pode responder à reclamação apresentada pelo recorrente, em prazo idêntico ao referido no número anterior.

3 - A reclamação, dirigida ao tribunal superior, é apresentada na secretaria do tribunal recorrido, autuada por apenso aos autos principais e é sempre instruída com o requerimento de interposição de recurso e as alegações, a decisão recorrida e o despacho objeto de reclamação.

4 - A reclamação, logo que distribuída, é apresentada ao relator, que, em 10 dias, profere decisão que admita o recurso ou o mande subir ou mantenha o despacho reclamado, a qual é suscetível de impugnação, nos termos previstos no n.º 3 do artigo 652.º.

5 - Se o relator não se julgar suficientemente elucidado com os documentos referidos no n.º 3, pode requisitar ao tribunal recorrido os esclarecimentos ou as certidões que entenda necessários.

6 - Se a reclamação for deferida, o relator requisita o processo principal ao tribunal recorrido, que o fará subir no prazo de 10 dias.
Article 639 - Burden of claim 1 and draw conclusions - the applicant shall submit his claim, which concluded, in summary form, by indicating the grounds for requesting the amendment or annulment of the decision.

2 - dealing the appeal on points of law, the conclusions should indicate:
a) violated legal rules;
b) The sense in which, according to the applicant, the rules that constitute the legal basis of the decision should have been interpreted and applied;
c) maintaining up error in determining the applicable standard, the rule of law which, according to the applicant, should have been applied.

3 - When the findings are disabled, obscure, complex or them it has not made the specifications referred to in the preceding paragraph, the rapporteur should invite the applicant to complete them, enlighten them or synthesize them within five days under penalty of not to hear the appeal, the affected part.

4 - The defendant can respond to the amendment or clarification within five days.

5 - The preceding paragraphs shall not apply to actions brought by the prosecutor, when recourse to law enforcement.

Article 643 - Complaint against refusal 1 - The order will not admit the appeal the appellant may claim to the court that would have jurisdiction over that question within 10 days of notification of the decision.

2 - The defendant can respond to the complaint lodged by the applicant, within a period similar to that specified in the preceding paragraph.

3 - The complaint, addressed to the High Court, is lodged at the appeal court, sued for appended to the main proceedings and is always accompanied with the filing of an application feature and the claims, the contested decision and order the claim object.

4 - The claim, once distributed, is presented to the rapporteur, who, in 10 days, gives decision to admit the appeal or send up or keep the order claimed, which is likely to challenge, in accordance with paragraph 3 Article 652.º.

5 - If the rapporteur does not consider sufficiently elucidated by the documents referred to in paragraph 3, may request the court resorted clarifications or certificates deems necessary.

6 - If the claim is granted, the rapporteur requests the main proceedings to the appeal court, that will go up within 10 days.

Guest
Guest


Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  candyfloss on Sun 19 Jul 2015, 9:38 am

I don't get it, how can anyone appose an appeal, when it is the right of every citizen to have an appeal....

It is up to the judge to either allow an appeal or not surely?

What is the point of lodging an appeal in the first place if it can be overruled by the other side scratch   Doesn't seem right to me. 

I wonder if this has been got the wrong way round, as I said before, I think if an appeal is launched then the other side has to be informed, perhaps this was (GA's appeal) just lodged with the McCanns lawyers?

_________________
  
   

Sometimes you will never know the true value of a moment until it becomes a memory.......... Dr Seuss
avatar
candyfloss
Admin

Posts : 12196
Join date : 2014-08-18
Age : 66

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  bluebell on Sun 19 Jul 2015, 9:58 am



Isn't this just their 'response' to the Appeal itself?

I don't understand the legalities, but once an appeal is filed the other side then submits a response (I think ).

All taken out of proportion and possibly misunderstood by whoever started this rumour? Just my take anyway.


_________________
The pure and simple truth is rarely pure, and never simple.        Oscar Wilde
avatar
bluebell

Posts : 1677
Join date : 2014-09-01
Age : 101
Location : S/W UK

Back to top Go down

Re: McCanns have opposed the appeal by Dr Amaral

Post  Sponsored content


Sponsored content


Back to top Go down

Page 1 of 2 1, 2  Next

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum