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Tuesday, 18 September 2018

The Daily Bollocks

Well, today was interesting. 

The Sun featured a story of maximum arse-kissing and minimal truth, then the Mail took it and added a large helping of 'sneer' and a gigantic helping of quite profound cobblers.

So, here's the "story" in brief. I'm not going to copy the whole of each article, just the salient points

According to the Sun:

MADDIE HUNT CRISIS 

Fund to find Madeline could be wiped out if McCanns lose £750k case against cop who claimed they were responsible for daughter’s death


If?! IF????! They lost it nearly two years ago. 

 A FUND set up to help find Madeleine McCann could be wiped out within weeks — by a huge payout to a disgraced cop.

Parents Kate and Gerry are fighting to avoid paying £750,000 to the ex-detective who shamefully claimed they were responsible for her death

Oh bugger off with this 'disgraced' and 'shamefully' bollocks. The police all thought the same, unsurprisingly 


 They face a Euro court showdown as public cash to probe the 2007 disappearance of Madeleine is about to dry up.

Euro court showdown, my arse. They can't sue him there. 

Goncalo Amaral, 58, ludicrously claimed in a book that Madeleine, three, died in Portugal and that her parents covered it up.

There is nothing ludicrous about it  

Kate and Gerry, both 50, won a 2015 libel case against him but it was later overturned and Amaral was awarded compo.

He was NOT awarded 'compo'. He was awarded his costs, as any winning party would be 

The McCanns’ lawyers have now lodged final paperwork at the European Court of Human Rights in Strasbourg, with a hearing expected this year.

If they get one, which is by no means certain. And it has NOTHING to do with the case against Amaral.


So what does the Mail have to say?

More of the same, really.

A fund set up to help find Madeleine McCann could be wiped out if her parents lose a court case which is due to start in the next few weeks.
Kate and Gerry McCann are returning to court to fight against the ex-detective who claimed they were responsible for Madeleine's death.
No they're not 
If they lose the case the pair will be forced to pay Goncalo Amaral £750,000, after he made a bid to sue them for compensation.
The couple will face Amaral in the European Court, as public money which was funding the search for Madeleine is about to dry up.
No they won't. They can't sue Amaral in the ECHR unless he's declared himself a European state

 A hearing is expecting this year after Amaral decided to sue the McCanns when their libel case was overturned
That may be the case. But if so it has fuck all to do with the ECHR

And at that point I am giving up as their shitty website keeps crashing my browser 

In summary


1. The action against Amaral, which they lost, concluded in Jan 2017. 

2. Costs were awarded against the McCanns

3. They are currently trying to take their case to the ECHR. One cannot take an individual to the ECHR, only a nation state, so they are suing Portugal, not Amaral. I think the chances of a couple who left their kids alone and lost one and who have already cost Portugal a small fortune, are not great.

4. They have always funded this using the donated money, ever since they embarked on it in 2009.

5. Amaral has not brought an action against them, nor has he been awarded ''compo'', as the Sun put it. He has been awarded his costs. There was some discussion about a claim for other expenses he incurred, as the McCanns had his assets frozen for years and he had to go back to court to have them order the McCann lawyers to return the seized copies of his book.If he has launched an action, then good for him, but it has nothing to do with the ECHR

6. They probably never expected to lose or to be saddled with costs, but thems the breaks.

7. They are liable for the costs in the case against Amaral regardless of the outcome of the case they have filed with the ECHR. They are two separate things.

8. The law does not permit them to withhold payment pending the outcome of the new case, and nor can the ECHR overturn or vary the awards made by the Portuguese court

9. Even if they were to succeed in the ECHR, the payouts are usually very small and virtually unenforceable


Other than that, it was spot on.



As the hearing draws near, the specially-commissioned McCann toilet paper is lowered into position 







 


17 comments:

  1. There is more than a whiff of anger, panic and desperation in the air. My guess is that the court costs assessment process for the failed litigation (and any payment delay mechanism) has run its course, and a very large bill indeed is about to be presented for payment.

    Regarding any counter-claim by Amaral, which as you say will be nothing to do with the ECHR, I wonder if there is some grain of truth behind the Mail’s comment that “...... the pair will be forced to pay Goncalo Amaral £750,000, after he made a bid to sue them for compensation”.

    Amaral did say in May 2015: “Each thing in its own time, it won’t be only the McCanns, but their group of friends, and other people and entities that will be sued.”

    ReplyDelete
    Replies
    1. @07:57

      Excellent! Many thanks.

      Ag

      Delete
    2. Goncalo Amaral has confirmed that he has not taken any legal action against the McCanns. I do wonder if the McCanns have already had their application to the ECHR turned down?

      Delete
    3. That’s useful to know - thank you Ruth.
      It’s possible it has been turned down already, but I believe the backlog is such that it’s unlikely they would have got to it before now. If I understand it correctly they are all checked to make sure they have satisfied the criteria - exhausted domestic remedies, within 6 months etc- and then it joins the big pile

      Delete
  2. A very good blog, NT., spot on. Thank you.

    Ag

    ReplyDelete
  3. Thanks for keeping us informed!

    ReplyDelete
  4. Superb yet again, NT. How infuriating is it that these copy and paste liars, are allowed to write precisely what they like - except the truth.

    ReplyDelete
  5. I love your analysis but a bit confused . Only a national state can take their case to the ECHR . Right I’m following you this far but then further on you state at point 9.even if they did succeed it would be a minimum pay out surely they could not lodge a case in the ECHR ? It is shocking that they have not paid costs due to Ameral the suffering he experienced why has he not put pressure upon them to
    Pay up ?

    ReplyDelete
    Replies
    1. No - anyone can bring a case, but it can only be AGAINST a member state. So they could file a case, but only against Portugal, not Amaral.

      As regards his costs, it is probable there have been discussions between the two legal teams about the amount which have yet to be resolved

      Delete
  6. Blacksmith must be on speed! The droogie's produced another!

    https://blacksmithbureau.blogspot.com/

    ReplyDelete
    Replies
    1. Nice one, JB. I know the ’Orange’ stuff and all that, but what‘s “droogie's in this contextxt please?

      Ag

      Delete
    2. Hello. Manchester & Bolton being the new powder capital of the world I think it's their way of pronouncing the plural of druggie. On the other hand I'm not sure what Orange is. This one could run and run.

      Anyway, a brief report on the Big Close appeared in the financial pages of https://blacksmithbureau.blogspot.com/ yesterday, with a look at future investment prospects. Cheers.

      Delete
    3. Thank you for explaining, JB

      ‘Droogie’ is an argot word used by some of Anthony Burgess's A Clockwork Orange* characters. It might, ordinarily, be expected to mean ‘friends’, but Burgess occasionally writes ‘a droogie’ (a friend).

      With the aforesaid in mind, I read your post as ‘Blacksmith must be on speed [drug/s]! The droogie's [The friend’s (The friend has)] produced another [another Blacksmith]!

      You see my confusion? :}

      Good wishes.

      Ag

      * ”My young hoodlum comes to the revelation of the need to get something done
      in life - to marry, to beget children, to keep the orange of the world turning in the Rookers of Bog, or hands of God, and perhaps even create something - music, say.”
      Anthony Burgess, A Clockwork Orange

      Delete
    4. ‘Jules..’: “Crying...”

      I understand, dear, but please don’t: I don’t want to get wet. :)

      Ag

      Delete

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