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The talks in Portugal in McCanns v Amaral - Carter-Ruck's version of events

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Post  Karen Sun 3 Feb - 8:54

For information, and without comment, here are the last four paragraphs of a letter e-mailed me today from Carter-Ruck:


QUOTE:

Finally, we confirm that we have contacted our clients' Portuguese lawyers Isabel Duarte & Associados concerning your suggestion that they "wrote to Mr Amaral's lawyers and to the Civil Cout, on or about 8 January, with proposals (1) to adjourn the trial for 6 months and (2) to seek a settlement with Dr Amaral".

While Isabel Duarte & Associados have not confirmed the existence of any communications in the terms which you suggested, they have confirmed that any communications passing between themselves and Mr Amaral's lawyer are confidential under Portuguese law and therefore cannot be disclosed to third parties.

In any event, neither we nor our clients have a copy of any communications which may have passed between Isabel Duarte & Associados and Mr Amaral's lawyers concerning the question of the adjournment.

In addition, however, Isabel Duarte & Associados have confirmed that lawyers for both parties requested a stay of 30 days in the Portuguese proceedings to allow them to enter into settlemeent discussions. As such we are informed that your suggestion that Isabel Duarte & Associoades requested a 6 month stay or adjournment is simply not correct".

END
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Post  Guest Sun 3 Feb - 9:20

Thirty days, six months: Not sure the precise period matters so much as the reasons why Healy & McCann are chickening out.

If thirty days, we'll find out soon enough.

If six months, any outcome can occur well within that timeframe anyway.

Key will be if Amaral doggedly insists upon Trial. I hope he does.
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Post  almostgothic Sun 3 Feb - 9:39

In any event, neither we nor our clients have a copy of any communications which may have passed between Isabel Duarte & Associados and Mr Amaral's lawyers concerning the question of the adjournment.

No dearie, of course you/they don't.

And I don't have any Steely Dan CDs ......

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Post  Panda Sun 3 Feb - 10:08

The End Is Nigh wrote:Thirty days, six months: Not sure the precise period matters so much as the reasons why Healy & McCann are chickening out.

If thirty days, we'll find out soon enough.

If six months, any outcome can occur well within that timeframe anyway.

Key will be if Amaral doggedly insists upon Trial. I hope he does.

Morning TEIN......I'm a bit confused here, who is the person writing in red ink and if it is Carter Ruck contacting Isabel Duarte......why aren't the McCanns doing this???? At £600 per hour , it would have been cheaper for Gerry to Fly over to Portugal and meet with Isobel himself.
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Post  T4two Sun 3 Feb - 10:09

Karen wrote:For information, and without comment, here are the last four paragraphs of a letter e-mailed me today from Carter-Ruck:


QUOTE:

Finally, we confirm that we have contacted our clients' Portuguese lawyers Isabel Duarte & Associados concerning your suggestion that they "wrote to Mr Amaral's lawyers and to the Civil Cout, on or about 8 January, with proposals (1) to adjourn the trial for 6 months and (2) to seek a settlement with Dr Amaral".

While Isabel Duarte & Associados have not confirmed the existence of any communications in the terms which you suggested, they have confirmed that any communications passing between themselves and Mr Amaral's lawyer are confidential under Portuguese law and therefore cannot be disclosed to third parties.

In any event, neither we nor our clients have a copy of any communications which may have passed between Isabel Duarte & Associados and Mr Amaral's lawyers concerning the question of the adjournment.

In addition, however, Isabel Duarte & Associados have confirmed that lawyers for both parties requested a stay of 30 days in the Portuguese proceedings to allow them to enter into settlemeent discussions. As such we are informed that your suggestion that Isabel Duarte & Associoades requested a 6 month stay or adjournment is simply not correct".

END

Ahah! Back to hiding behind Portuguese confidentiality laws. What a pathetic shower. Let us trust that the judge is a wise man and that his interest in the big secret that Healy and McCann are so desperate to keep will be sufficiently aroused and that his judgement will reflect such interest. Takng a sledgehammer to crack a nut is not a good way of winning over the support of fair-minded people.
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Post  Guest Sun 3 Feb - 10:18

Panda wrote:
The End Is Nigh wrote:Thirty days, six months: Not sure the precise period matters so much as the reasons why Healy & McCann are chickening out.

If thirty days, we'll find out soon enough.

If six months, any outcome can occur well within that timeframe anyway.

Key will be if Amaral doggedly insists upon Trial. I hope he does.

Morning TEIN......I'm a bit confused here, who is the person writing in red ink and if it is Carter Ruck contacting Isabel Duarte......why aren't the McCanns doing this???? At £600 per hour , it would have been cheaper for Gerry to Fly over to Portugal and meet with Isobel himself.



Morning Panda

The Red Ink is Tony's, I should think.

As for the rest ........................................... got any on Sport?
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Post  Panda Sun 3 Feb - 10:55

Thanks TEIN, that was as clear as mud,The talks in Portugal in McCanns v Amaral - Carter-Ruck's version of events 294124 I don't know what the reference to Sport means.
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Post  wjk Sun 3 Feb - 11:33

Panda wrote:
The End Is Nigh wrote:Thirty days, six months: Not sure the precise period matters so much as the reasons why Healy & McCann are chickening out.

If thirty days, we'll find out soon enough.

If six months, any outcome can occur well within that timeframe anyway.

Key will be if Amaral doggedly insists upon Trial. I hope he does.

Morning TEIN......I'm a bit confused here, who is the person writing in red ink and if it is Carter Ruck contacting Isabel Duarte......why aren't the McCanns doing this???? At £600 per hour , it would have been cheaper for Gerry to Fly over to Portugal and meet with Isobel himself.

The talks in Portugal in McCanns v Amaral - Carter-Ruck's version of events 306321 Panda, the red writing is Tonys and the rest is an email or letter tony recieved from CR.
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Post  Panda Sun 3 Feb - 11:46

wjk wrote:
Panda wrote:
The End Is Nigh wrote:Thirty days, six months: Not sure the precise period matters so much as the reasons why Healy & McCann are chickening out.

If thirty days, we'll find out soon enough.

If six months, any outcome can occur well within that timeframe anyway.

Key will be if Amaral doggedly insists upon Trial. I hope he does.

Morning TEIN......I'm a bit confused here, who is the person writing in red ink and if it is Carter Ruck contacting Isabel Duarte......why aren't the McCanns doing this???? At £600 per hour , it would have been cheaper for Gerry to Fly over to Portugal and meet with Isobel himself.

The talks in Portugal in McCanns v Amaral - Carter-Ruck's version of events 306321 Panda, the red writing is Tonys and the rest is an email or letter tony recieved from CR.

Thanks wjk, with all due respect I think Tony should be a bit more circumspect about divulging all this in view of the upcoming Trial , I would imagine the McCanns are making note of what is going on on the Forums , especially JH's because they know he is a Member.
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Post  tanszi Sun 3 Feb - 11:51

ik think tony wants things out in the open, such as the information concerning the McCann Amaral case.
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Post  Panda Sun 3 Feb - 12:14

tanszi wrote:ik think tony wants things out in the open, such as the information concerning the McCann Amaral case.

Hi tanzi, if that is the case he should have waited until his Trial is over, if fact I am surprised that Carter ruck is sending him information about other Clients, like Amaral.
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Post  AnnaEsse Sun 3 Feb - 12:39

Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.
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Post  Panda Sun 3 Feb - 12:50

AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

Hi AnnaEsse, I have read the paragraph again and think it might have been misread.

Finally, we confirm that we have contacted our clients' Portuguese lawyers Isabel Duarte & Associados concerning your suggestion that they "wrote to Mr Amaral's lawyers and to the Civil Cout, on or about 8 January, with proposals (1) to adjourn the trial for 6 months and (2) to seek a settlement with Dr Amaral".

It seems to be a letter from Carter Ruck to Gerald confirming the McCanns request to adjourn the Trial for six months.
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Post  Chris Sun 3 Feb - 12:55

AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

I was thinking the same. Of course anything in respect of the hearing is within their power to provide if the UK court requires it. The law has all the appearance of an ass if someone faces jail for allegedly breaching an undertaking to not repeat a claimed libel if the claimed libel is itself compromised by those so claiming.
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Post  Guest Sun 3 Feb - 14:01

AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

That was exactly my first thought as well. That would be gross incompetence, at best.
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Post  Loopdaloop Sun 3 Feb - 14:32

AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

Me too!! I think its very odd that the portugese people are doing things which their clients don't have any documentation regarding!! lol
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Post  Panda Sun 3 Feb - 14:36

Iris wrote:
AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

That was exactly my first thought as well. That would be gross incompetence, at best.

Hi Iris, I have just read the copy letter sent to Tony Bennett and maybe I'm thick....don't answer that!........but why would Carter Ruck be sending Tony a copy, it is about the McCanns/Amaral case, surely nothing to do with Tony's case.
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Post  Guest Sun 3 Feb - 14:44

Panda, it's the fact that the McCann's lawyers are saying, they have contacted a third party, but they haven't kept any copies of the correspondence. That seems very odd to me, to say the least, no matter which case it's about.
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Post  Panda Sun 3 Feb - 15:08

Iris wrote:Panda, it's the fact that the McCann's lawyers are saying, they have contacted a third party, but they haven't kept any copies of the correspondence. That seems very odd to me, to say the least, no matter which case it's about.

Thanks Iris, the McCanns are definitely panicking ....so the 6 months delay has not been confirmed, if I was Amaral I would refuse anyway, two months is plenty of time to reach an agreement.In fact, if that was me I wouldn't have agreed to any delay , was it 2009 or 10 when Amaral was charged,
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Post  AnnaEsse Sun 3 Feb - 15:30

Panda wrote:
AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

Hi AnnaEsse, I have read the paragraph again and think it might have been misread.

Finally, we confirm that we have contacted our clients' Portuguese lawyers Isabel Duarte & Associados concerning your suggestion that they "wrote to Mr Amaral's lawyers and to the Civil Cout, on or about 8 January, with proposals (1) to adjourn the trial for 6 months and (2) to seek a settlement with Dr Amaral".

It seems to be a letter from Carter Ruck to Gerald confirming the McCanns request to adjourn the Trial for six months.

Panda, this is what I was referring to:

In any event, neither we nor our clients have a copy of any communications which may have passed between Isabel Duarte & Associados and Mr Amaral's lawyers concerning the question of the adjournment.
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Post  Loopdaloop Sun 3 Feb - 15:46

[quote="Panda"][quote="Iris"]
AnnaEsse wrote:.but why would Carter Ruck be sending Tony a copy, it is about the McCanns/Amaral case, surely nothing to do with Tony's case.

Tony would be entitled a copy because if the Mccann's have given ground over what Goncalo Amarel has said it would have a direct baring upon his case.

Goncalo says X Y Z,
Tony says that Goncal says X Y Z

If the Mccan's now say its okay for Goncalo to say X Y Z,
Then... there is not harm in Tony saying X Y or Z as if the Mccann's now say its okay for Goncalo, then it should be okay for Tony and anyone else.
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Post  Panda Sun 3 Feb - 15:52

AnnaEsse wrote:
Panda wrote:
AnnaEsse wrote:Well, I think it's very odd that the McCanns' Portuguese lawyer has been in contact with another party on their behalf and they haven't got copies of all communications. I'd sack a lawyer who behaved like that.

Hi AnnaEsse, I have read the paragraph again and think it might have been misread.

Finally, we confirm that we have contacted our clients' Portuguese lawyers Isabel Duarte & Associados concerning your suggestion that they "wrote to Mr Amaral's lawyers and to the Civil Cout, on or about 8 January, with proposals (1) to adjourn the trial for 6 months and (2) to seek a settlement with Dr Amaral".

It seems to be a letter from Carter Ruck to Gerald confirming the McCanns request to adjourn the Trial for six months.

Panda, this is what I was referring to:

In any event, neither we nor our clients have a copy of any communications which may have passed between Isabel Duarte & Associados and Mr Amaral's lawyers concerning the question of the adjournment.

Thanks AnnaEsse, got in now.The talks in Portugal in McCanns v Amaral - Carter-Ruck's version of events 25346

I can't understand why the McCanns never received copy correspondence but maybe it is a Portugese protocol, don't liaise with your clients until a decision is reached. Why must the McCanns keep running to CR and incurring yet more fees. Gerry is clever enough to write to Duarte or phone her himself. Carter technically shouldn't be involved in this case. I sincerely hope, after over 3 years , Amaral does not agree to 6 months, it is only because Kate has a book coming out in April/May and if the case were tried in 2 months and the McCanns lost , sales would be affected.
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Post  susible Sun 3 Feb - 16:02

I still can't believe she's actually writing another book, what the heck is going to be in it that she hasn't said already? The SY review, is, as far as we're aware, incomplete and there is no new information about anything, apart from stuff that's already been in the media, e.g. the alleged 195 leads, which surely must have been followed up by now, and as such clearly had no merit or useful information or they would have been acted upon.

I sure as heck hope the nation isn't going to be subjected to Kate's musings on an annual basis for the rest of time, about how so many people have ruined her life by saying nasty things about her with hardly a mention of her daughter or thanking all of the people who did so much for them at the time and over the subsequent years...disgusting, particularly when you read Ralph Bulger's account, makes me want to puke...
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Post  Panda Sun 3 Feb - 16:07

[quote="Loopdaloop"][quote="Panda"]
Iris wrote:
AnnaEsse wrote:.but why would Carter Ruck be sending Tony a copy, it is about the McCanns/Amaral case, surely nothing to do with Tony's case.

Tony would be entitled a copy because if the Mccann's have given ground over what Goncalo Amarel has said it would have a direct baring upon his case.

Goncalo says X Y Z,
Tony says that Goncal says X Y Z

If the Mccan's now say its okay for Goncalo to say X Y Z,
Then... there is not harm in Tony saying X Y or Z as if the Mccann's now say its okay for Goncalo, then it should be okay for Tony and anyone else.

Thanks Loopdaloop but I'm not sure that is the case. I think the McCanns want six months because of the new Book to be released. I think Tony is being tried for reneging on undertakings, Amaral is being charged with hindering the search by his belief that Madeleine died in 5a and their Family health was affected.

As I see it, Amaral was able to appeal against the Court decision to order an injunction on the sale of his book by referring to the PJ Final Report where one of the suggestions was that Madeleine died in 5a. When Tony first sold the booklets and was told to stop, he could have referred to the Report and that the information in the Booklet was taken from the PJ Files and probably won his case. It's a different charge now.
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Post  Panda Sun 3 Feb - 16:11

susible wrote:I still can't believe she's actually writing another book, what the heck is going to be in it that she hasn't said already? The SY review, is, as far as we're aware, incomplete and there is no new information about anything, apart from stuff that's already been in the media, e.g. the alleged 195 leads, which surely must have been followed up by now, and as such clearly had no merit or useful information or they would have been acted upon.

I sure as heck hope the nation isn't going to be subjected to Kate's musings on an annual basis for the rest of time, about how so many people have ruined her life by saying nasty things about her with hardly a mention of her daughter or thanking all of the people who did so much for them at the time and over the subsequent years...disgusting, particularly when you read Ralph Bulger's account, makes me want to puke...

Hi susible, in the Article I read Kate said it would be like endgame and focus on her and Gerry ,,,,uum, wasn't that what the first two books did? In fact , the second book consisted of 29 new pages , the rest being the first book. bit of a con by transworld IMO. Will the 3rd bokk be another add on? As you say, what can possibly be of interest to readers now?
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