VIDEO: McCANNS ask for OUT OF COURT settlement- Hernâni Carvalho

[HiDeHo]

McCANNS ask for OUT OF COURT settlement- Hernâni Carvalho

[Guest]

Something nasty in the woodshed ..................


Excellent effort as per usual, HiDeHo

[almostgothic]

...... and cold comfort for Team McCann and their cohorts who are still hiding the truth from their unknowing supporters.

Well done, HiDeHo!

[Bobsy]

And the comment about the circus sums it up perfectly.

[BelEddie]

And the comment about the circus sums it up perfectly.

He also mentioned that MM disappeared on the night of the third.
I wonder if considering the evidence that they have and the time they have had to examine it. Whether they have come to the conclusion that MM didn't disappear on the said night but much earlier . And maybe are waiting to bring this up in court if and when it gets there.
In my opinion the phone records are the archillies heel that the organisers of this fantasy didn't allow for!
I also wonder who will jump ship first?

[whatsupdoc]

Excellent HideHo..
I checked on YouTube earlier but couldn't see it. I could always link it to here on Twitter.

I think Dewi Lennard's theory re Madeleine dying on the first night is well worth considering as I think the stand-in was who everyone saw all week. The phone records indicate several things were happening during the first few days. The creche records were well and truely mixed up. 5A cleanup couldn't have been done on the night.

[halfamo]

McCANNS ask for OUT OF COURT settlement- Hernâni Carvalho

Why ? .

[kitti]

The 'book' is supposedly coming out this year, they don't want anything getting in their way until at least 1/2 copies have been sold.

[halfamo]

The 'book' is supposedly coming out this year, they don't want anything getting in their way until at least 1/2 copies have been sold.

Hi kitti i just find it odd after all the hoo ha they've created they want to settle out of court , i hope Amaral says no way .

[malena stool]

The 'book' is supposedly coming out this year, they don't want anything getting in their way until at least 1/2 copies have been sold.

Hi kitti i just find it odd after all the hoo ha they've created they want to settle out of court , i hope Amaral says no way .

Hi mo, good be posting at the same time and see you again! I would hope Amaral demands to have his day in court...

[Panda]

It is true that Amaral postponed the Trial twice so had to concede the McCanns request. TV1 are also party to this , wasn't it because they televised Amaral's DVD?

Six months is a very long time to delay the Trial, it was only a couple of months when Amaral delayed it, why did he not contest the long delay????

I agree the McCanns have succeeded yet again in getting their own way and this was done to give time for kate's book to be on the shelves, but something tells me this one will not sell , the Public around the World are fed up with the McCanns and all these "sightings".

Thanks Hidiho.....another well informed video, you should put it in youtube so viewers can see it was the mcCanns who wanted the delay.

[cass]

panda i agree that the public must be fed up of these sightings -- when this review started i said then and i say now it was to shut the mcanns up a full week they was in the sun -- how many other people with missing children have been afforded this -- none -- it had to stop -- the nasty pj this the nasty pj that -- and then to bring dcs own son into the argument was a very very low blow -- 3 milloin poounds is a lot of money to shut them up i agree -- but the time had come that it needed stopping -- the review isnt just uk looking into what the mcanns want it is uk working with the pj --working together does the uk still need to be at war with all this i think not --madeleine is a uk citezen and a minor that was taken outside the uk never to return uk goverment must be seen to look into all details of when -- how and why she went missing -- a start from the beginning with a open mind -- anything less would be a whitewash --as for the talk all over forums about the case being reopened -- why should portugal reopen this unless there will be a end to it once and for all --- regarding there ever being a reconstruction -- has there ever been one of its type ? only way forward is for sy to interview the mcanns and tapas friends and see what it leads to --they will never go back to portugal even if this case opens

[Panda]

panda i agree that the public must be fed up of these sightings -- when this review started i said then and i say now it was to shut the mcanns up a full week they was in the sun -- how many other people with missing children have been afforded this -- none -- it had to stop -- the nasty pj this the nasty pj that -- and then to bring dcs own son into the argument was a very very low blow -- 3 milloin poounds is a lot of money to shut them up i agree -- but the time had come that it needed stopping -- the review isnt just uk looking into what the mcanns want it is uk working with the pj --working together does the uk still need to be at war with all this i think not --madeleine is a uk citezen and a minor that was taken outside the uk never to return uk goverment must be seen to look into all details of when -- how and why she went missing -- a start from the beginning with a open mind -- anything less would be a whitewash --as for the talk all over forums about the case being reopened -- why should portugal reopen this unless there will be a end to it once and for all --- regarding there ever being a reconstruction -- has there ever been one of its type ? only way forward is for sy to interview the mcanns and tapas friends and see what it leads to --they will never go back to portugal even if this case opens

Hi Cass, I have to disagree on this. The McCanns had Leicester Police in PDL supposedly helping with the enquiry within the first week . Stuart Prior , the Lead Detective even told Rachel Mapilly that no ueful purpose would be served by a recon,!!!!

The Police had told Ben Neeham's Mother years ago that they could not intervene in the case of Ben because it was another Country , Anly when The McCanns got Cameron to spend £3 millionand the public outcry resulted in the Police going to Greece and liaising with the Greek Police and doing some searching. I agree Portugal should not open the case unless some real evidence is found, which after 5 yrs is highly unlikely. Sy have done their job they should come home and let the Portugese close the case. Both Countries have spent far too much time and money (Portugal is in dire straits too) and I think the McCanns should make a public apology to both Countries for costing them so much time and money........I can dream can't I ???

[halfamo]

The 'book' is supposedly coming out this year, they don't want anything getting in their way until at least 1/2 copies have been sold.

Hi kitti i just find it odd after all the hoo ha they've created they want to settle out of court , i hope Amaral says no way .

Hi mo, good be posting at the same time and see you again! I would hope Amaral demands to have his day in court...

Hi East Mids i'm always around if not posting , i follow news on facebook with HiDeho she is on my friends list so i keep up to date .

[malena stool]

The 'book' is supposedly coming out this year, they don't want anything getting in their way until at least 1/2 copies have been sold.

Hi kitti i just find it odd after all the hoo ha they've created they want to settle out of court , i hope Amaral says no way .

Hi mo, good be posting at the same time and see you again! I would hope Amaral demands to have his day in court...

Hi East Mids i'm always around if not posting , i follow news on facebook with HiDeho she is on my friends list so i keep up to date .

My old rheumy eyes are obviously not working so well...

[cass]

talking of the mcanns backing down --wonder if they will do the same with tony bennett --is there any news -- isnt it suposed to be on the 6th of feb ?

[whatsupdoc]

As far as I know it's on the 5th and 6th Feb i.e. next Tuesday & Wednesday.

[cass]

thanks doc -- thought it was -- wonder if the mcanns will cave in with this too ?

[whatsupdoc]

I hope both Tony & Goncalo trials go ahead without any deals being done. They are both highly competent and the McCanns don't deserve a settlement. The truth needs to come out and T & G are the ones who should be paid compensation....lots of it!

[devonmum]

I hope both Tony & Goncalo trials go ahead without any deals being done. They are both highly competent and the McCanns don't deserve a settlement. The truth needs to come out and T & G are the ones who should be paid compensation....lots of it!

Totally agree.

I can't think of anything the McCanns could offer GA that would make him shut up and go away.

[Guest]

thanks doc -- thought it was -- wonder if the mcanns will cave in with this too ?

Tony has written a lengthy and erudite letter to Carter-Duck (with whom nothing rhymes) on the matter and there's a recent Thread about it somewhere here. It's a worthwhile read. Very.

[matthew]

Hello my friends this was a comment by Joana Morais explaining what could happen now that the McCanns lawyers have asked for an extrajudicial settlement

What is an extrajudicial settlement (in Portuguese law)?

An extrajudicial settlement is an agreement in which the parties agree on compensation for lost profits, or for damages, within the framework of civil liability, outside the Court. It is made by the representatives of the parties and must be ratified to have juridical value.

All the bellow answers may vary according to what was specified and requested by the parties and to what was ratified, at the time, by the judge in charge of this process.

If the four defendants refuse to accept settlement with the McCanns, do they have to wait for six months for the Libel Trial?

No, if the four defendants and claimant fail to reach an agreement the case will return to the status of civil action and the decision of when to start the proceedings will be made by the judge.

Or is the 6 months the maximum time the judge has allowed for them to try and reach a settlement?

The six months period is the maximum (in this specific case depends on what was established/see above note); however it can be extended if all parties agree on said extension and if the judge also agrees to that.

Can the McCanns on failure to get the settlement THEY want totally walk away and back out of the case, or can the Judge now order it to continue?

See above for the second question and,

Article 116º of the CP states, in case the claimant “renounces” or “withdrawals” the complaint:

1 - The right of complaining cannot be exercised if the holder (claimants/complainants/plaintiffs) has expressly renounced to it or where if it has practiced acts from where that renunciation can be inferred.

2 - The complainant may withdraw the complaint, as long as there is no opposition from the defendant, until the publication of the 1st instance court ruling. The withdrawal prevents
the complaint to be renewed.

3 - The withdrawal of the complaint concerning one of the co-defendants of the crime [fill with McCann allegations] benefits the remainder, if there is no objection from these, in cases where
they cannot as well be persecuted.

According to the law there is pecuniary liability in certain instances, [Article 515º of the CPC and 83º of the CJC] ex. If the complainant ends the process by forfeiting or by unjustifiably refraining from making the accusation; or if it is defeated in the process that was requested by him/her [in this case the couple]. There are also other punishments regarding the legitimacy of the complaint, ie, if the complaint is manifestly not justified or clearly without foundation.

Further note:

In civil law the right to complaint is of up to three years after the knowledge of the practice of the fact, not of the occurrence/fact itself. A complaint under criminal law has a deadline of six months after the knowledge of the fact [Article 115º CP].

http://www.joana-morais.blogspot.com/2013/01/mccanns-ask-for-extrajudicial-settlement.html
comment No 158

[devonmum]

Hello my friends this was a comment by Joana Morais explaining what could happen now that the McCanns lawyers have asked for an extrajudicial settlement

What is an extrajudicial settlement (in Portuguese law)?

An extrajudicial settlement is an agreement in which the parties agree on compensation for lost profits, or for damages, within the framework of civil liability, outside the Court. It is made by the representatives of the parties and must be ratified to have juridical value.

All the bellow answers may vary according to what was specified and requested by the parties and to what was ratified, at the time, by the judge in charge of this process.

If the four defendants refuse to accept settlement with the McCanns, do they have to wait for six months for the Libel Trial?

No, if the four defendants and claimant fail to reach an agreement the case will return to the status of civil action and the decision of when to start the proceedings will be made by the judge.

Or is the 6 months the maximum time the judge has allowed for them to try and reach a settlement?

The six months period is the maximum (in this specific case depends on what was established/see above note); however it can be extended if all parties agree on said extension and if the judge also agrees to that.

Can the McCanns on failure to get the settlement THEY want totally walk away and back out of the case, or can the Judge now order it to continue?

See above for the second question and,

Article 116º of the CP states, in case the claimant “renounces” or “withdrawals” the complaint:

1 - The right of complaining cannot be exercised if the holder (claimants/complainants/plaintiffs) has expressly renounced to it or where if it has practiced acts from where that renunciation can be inferred.

2 - The complainant may withdraw the complaint, as long as there is no opposition from the defendant, until the publication of the 1st instance court ruling. The withdrawal prevents
the complaint to be renewed.

3 - The withdrawal of the complaint concerning one of the co-defendants of the crime [fill with McCann allegations] benefits the remainder, if there is no objection from these, in cases where
they cannot as well be persecuted.

According to the law there is pecuniary liability in certain instances, [Article 515º of the CPC and 83º of the CJC] ex. If the complainant ends the process by forfeiting or by unjustifiably refraining from making the accusation; or if it is defeated in the process that was requested by him/her [in this case the couple]. There are also other punishments regarding the legitimacy of the complaint, ie, if the complaint is manifestly not justified or clearly without foundation.

Further note:

In civil law the right to complaint is of up to three years after the knowledge of the practice of the fact, not of the occurrence/fact itself. A complaint under criminal law has a deadline of six months after the knowledge of the fact [Article 115º CP].

Have to admit i am @129 who asked her the question, it was confusing me how everyone was saying it was a 6 months delay and i wanted to know, if they refused to settle with the McCanns if the case would go ahead .sooner.

Very informative isn't it?

[Guest]

"There are also other punishments regarding the legitimacy of the complaint, ie, if the complaint is manifestly not justified or clearly without foundation."



This is the bit I'm interested in, having suggested many times that the Litigation has all the hallmarks of being Vexatious.

[cass]

ok im a bit slow on these things but what does this look like ? its not going the mcanns way and they have been told not to go ahead -- meaning that theres not a case to answer to

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