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STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

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STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  Guest on Sun 1 Jun - 18:01

http://pjga.blogspot.com/2014/06/ward-of-court-decision-issued-by-judge.html

Posted by Astro (therefore 100% reliable) about a minute ago.

Judge rules that Kate and Gerry McCann do not possess the authority to sue Gonçalo Amaral in their daughter’s name.


The judge at the Civil Court of Lisbon who is trying the ‘libel’ case which Kate and Gerry McCann have filed against Gonçalo Amaral and 3 other parties has issued a decision concerning the matter of Madeleine McCann being a Ward of Court.

On the 3rd of January 2014, Gonçalo Amaral had argued before the Lisbon Court that Madeleine’s parents do not possess the necessary power to represent their daughter in this action, since the child had been made a Ward of Court in the United Kingdom.

The judge decided that Mr Amaral should present a certificate of the relevant British judicial ruling. That certificate was delivered to the Court on the 2nd of May, after a lengthy, expensive process.

The judge then had to decide whether or not Madeleine’s parents were entitled to represent their daughter in this lawsuit. In the judge’s recent ruling, it is mentioned that “within the 'Wardship', the High Court holds ultimate responsibility over the child, but it does not suppress or annul the exercise of the parental responsibilities”. The High Court takes control over “the most important decisions for the life” of the child. The judge further considers that “the decision to file a judicial action in the name of the child” is a decision “of the magnitude that is demanded for the agreement or consent of the court”.

The judge’s ruling further notes that the matters that have been brought before the High Court that holds the Wardship have been matters of an “eminently judiciary nature, like the revelation of confidential information and documents, that are related to the child’s disappearance and were in the possession of the local police”.

The text continues with the consideration that because Madeleine was made a Ward of the Court on the 2nd of April of 2008, her parents did not possess, in 2009, “the necessary capacity of representation of their daughter to file the present action without the authorization from the British court”.

Nevertheless, the judge has decided that the final court session, which will include a statement from Gerald McCann and the presentation of closing arguments from all sides, should take place regardless of the matter of the Wardship.

After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.

The judge has proposed the date of 16th June for the final session, but each of the lawyers involved have the possibility of declining said date and suggesting alternative dates.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  Claudia79 on Sun 1 Jun - 18:04

Not surprising, really. A matter of common sense.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  Guest on Sun 1 Jun - 18:06

Claudia79 wrote:Not surprising, really. A matter of common sense.
But it knocks quite firmly on the head, all the speculation that the trial has been "dropped", "abandoned" or "settled out of court".
Some of which was posted AS FACT even by some of the members on here, sadly.

And it's kinda nice to actually see it in black and white.   
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Post  fuzeta on Sun 1 Jun - 18:16

That is fantastic. Is it possible that the McCann's can get this permission from the British court? I have no idea
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  Guest on Sun 1 Jun - 18:20

It will be very interesting to see what Justice Mrs Hogg does next.
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Post  Claudia79 on Sun 1 Jun - 18:20

Iris wrote:
Claudia79 wrote:Not surprising, really. A matter of common sense.
But it knocks quite firmly on the head, all the speculation that the trial has been "dropped", "abandoned" or "settled out of court".
Some of which was posted AS FACT even by some of the members on here, sadly.

And it's kinda nice to actually see it in black and white.   

It certainly does but I've been saying that all along although some chose not to believe it.
As for the decision, it seems obvious to me. Always great to see good sense prevail, though.   
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  interested on Sun 1 Jun - 18:48

So Mr. Amaral was right...AGAIN!! The McCanns do not have the authority to sue him in Madeleine's name. I am delighted to learn of the judge's ruling. Thanks to "Iris" (and "Astro") for this welcome report!!
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Post  interested on Sun 1 Jun - 18:57

Now that I've re-read the ruling I'm left with a question. Does this mean that the other members of the McCann family can proceed with the lawsuit? I'll leave it to other more intelligent posters to discuss just "exactly" where this leaves Mr. Amaral now.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  frencheuropean on Sun 1 Jun - 19:01

I don't understand very well the last paragraph:  


"After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter"

Does the juge ask the Mccanns to prove they asked the British court before putting an action on her behalf?
As it was not probably the case, what are the consequences? That all the claims made in her name are void?
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  Guest on Sun 1 Jun - 19:02

interested wrote:Now that I've re-read the ruling I'm left with a question.  Does this mean that the other members of the McCann family can proceed with the lawsuit?  I'll leave it to other more intelligent posters to discuss just "exactly" where this leaves Mr. Amaral now.
Yes, but they can't chase him for €1,25m. It has to only be for €1m. Even the diehard pros must admit now that this has been a bad blow for the McCanns.
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Post  wantthetruth on Sun 1 Jun - 19:22

Claudia79 wrote:
Iris wrote:
Claudia79 wrote:Not surprising, really. A matter of common sense.
But it knocks quite firmly on the head, all the speculation that the trial has been "dropped", "abandoned" or "settled out of court".
Some of which was posted AS FACT even by some of the members on here, sadly.

And it's kinda nice to actually see it in black and white.   

It certainly does but I've been saying that all along although some chose not to believe it.
As for the decision, it seems obvious to me. Always great to see good sense prevail, though.    

^^^This.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  mossman on Sun 1 Jun - 19:28

frencheuropean wrote:I don't understand very well the last paragraph:  


"After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter"

Does the juge ask the Mccanns to prove they asked the British court before putting an action on her behalf?
As it was not probably the case, what are the consequences? That all the claims made in her name are void?


I thought this was allowing them to make an application to the UK courts for their agreement to Madeleine being joined in the proceedings. If they do not do this, then the case will proceed on behalf of four family members and the defendants acquitted in relation to Madeleine.

What will they do ? Make an application to the UK courts or not ?
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  Lioned on Sun 1 Jun - 19:31

wantthetruth wrote:
Claudia79 wrote:
Iris wrote:
Claudia79 wrote:Not surprising, really. A matter of common sense.
But it knocks quite firmly on the head, all the speculation that the trial has been "dropped", "abandoned" or "settled out of court".
Some of which was posted AS FACT even by some of the members on here, sadly.

And it's kinda nice to actually see it in black and white.   

It certainly does but I've been saying that all along although some chose not to believe it.
As for the decision, it seems obvious to me. Always great to see good sense prevail, though.    

^^^This.

^^^ This x 2
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  AnnaEsse on Sun 1 Jun - 19:34

frencheuropean wrote:I don't understand very well the last paragraph:  


"After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter"

Does the juge ask the Mccanns to prove they asked the British court before putting an action on her behalf?
As it was not probably the case, what are the consequences? That all the claims made in her name are void?

It rather looks as though they are being required to prove that they had the authorisation, rather than that they can get it. The way I'm reading this is that the McCanns must show that they had that authorisation before they took legal action in Madeleine's name.

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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  almostgothic on Sun 1 Jun - 19:48

That's the way I read it too, Anna.

They have to prove that they already had documentary authorisation allowing them to instigate proceedings re Madeleine.

And I assume that a similar proof of authorisation would also apply re their application for Assistente Status in the re-opened investigation.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  AnnaEsse on Sun 1 Jun - 19:54

almostgothic wrote:That's the way I read it too, Anna.

They have to prove that they already had documentary authorisation allowing them to instigate proceedings re Madeleine.

And I assume that a similar proof of authorisation would also apply re their application for Assistente Status in the re-opened investigation.

Yes, the text states that they must produce the documentation "in the records," of the British courts, something that already exists, rather than something they will now apply for.

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Post  interested on Sun 1 Jun - 20:04

With all the money the Fund has been paying their high-priced lawyers, you would think they would have had the proper British Court's authorization prior to launching this vexatious action. "Hindering the search" my backside; when Madeleine's mother refused to answer 48 questions regarding her daughter's "disappearance"!!
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  mossman on Sun 1 Jun - 20:06

AnnaEsse wrote:
almostgothic wrote:That's the way I read it too, Anna.

They have to prove that they already had documentary authorisation allowing them to instigate proceedings re Madeleine.

And I assume that a similar proof of authorisation would also apply re their application for Assistente Status in the re-opened investigation.

Yes, the text states that they must produce the documentation "in the records," of the British courts, something that already exists, rather than something they will now apply for.


That is good news, I hope that's what it means.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  malena stool on Sun 1 Jun - 20:23

Quote
The judge has proposed the date of 16th June for the final session, but each of the lawyers involved have the possibility of declining said date and suggesting alternative dates.
Unquote.

I wonder which date in the future the McCanns will opt for?...
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Post  interested on Sun 1 Jun - 20:24

Pat Brown has tweeted: "Best news in ages! Thank you, Portugal! It may not be over but a major blow for the #McCann suit against Amaral."
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Post  Karen on Sun 1 Jun - 20:25

If Kate and Gerry had got permission from UK Court to sue on Maddies behalf, I am sure the McCanns would have produced this to the Attorney General. They didnt!..........speaks for itself!
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  almostgothic on Sun 1 Jun - 20:26

malena stool wrote:Quote
The judge has proposed the date of 16th June for the final session, but each of the lawyers involved have the possibility of declining said date and suggesting alternative dates.
Unquote.

I wonder which date in the future the McCanns will opt for?...  

February 31st 2053.
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Post  tanszi on Sun 1 Jun - 20:27

thank you. always said those in the know in Portugal would let us know when they could so again thanks.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  whatsupdoc on Sun 1 Jun - 20:29

almostgothic wrote:
malena stool wrote:Quote
The judge has proposed the date of 16th June for the final session, but each of the lawyers involved have the possibility of declining said date and suggesting alternative dates.
Unquote.

I wonder which date in the future the McCanns will opt for?...  

February 31st 2053.

Snigger, lol......yep , that would be about right for the #mccanns.
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Re: STATEMENT BY JUDGE IN THE LIBEL TRIAL! READ NOW!!!

Post  malena stool on Sun 1 Jun - 20:32

whatsupdoc wrote:
almostgothic wrote:
malena stool wrote:Quote
The judge has proposed the date of 16th June for the final session, but each of the lawyers involved have the possibility of declining said date and suggesting alternative dates.
Unquote.

I wonder which date in the future the McCanns will opt for?...  

February 31st 2053.

Snigger, lol......yep , that would be about right for the #mccanns.
How cynical you lot are...    
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