Firstly under which jurisdiction would the trial take place? Secondly, a decent defence lawyer would be told to cross examine them on the events of the night in question on oath. Ask for the company records of the company they have set up to be used as an exhibit in court. Thirdly the issue of leaving the children and whether they consider that neglect will be raised. Fourthly they would be asked whether it is their fault that Maddy is currently missing. Any other questions or issues I have missed. Any opinions on this subject?
2007-07-09 07:52:33 · 36 answers · asked by Anonymous in News & Events ➔ Current Events
I am not worried about it as my question proves, i hope. it is a hypothetical question as the pro Mc Canns keep telling us that this is an issue that is going to happen. Aye Right!
2007-07-09 07:58:10 · update #1
If they attempt to sue any of us on yahoo answers then they really should get advice from a different lawyer, because...they would not have a case.
What would they attempt. Defamation in the form of libel?
The McCanns would need to prove in court that those on yahoo had made untrue statements
But my dear yahooers, we have sooooooo many defences in law.
Defences to defamation include:
Fair comment, this is honest comment on a matter of public interest. Telnikioff v Matusevitch (1992)
Statement must be about a matter of public interest in sense that it is something in which the public is legitimately interested in what is going on or what may happen to them- a matter for the judge to decide.
London V Littler 1969
The comment must be honestly made even if no-one else agrees with it - it is for the claimant to disprove honesty. Reynolds v Times Newspapers 2001
Other defences. Justification
The statement is true in substance. Alexander v Eastern Railway 1865
Burden is on defendant to prove justification. Hinds v Sparks
If proven libel, then the remedies include injunction to prevent repeated publication or damages where the defendant knew or was reckless that the material was defamatory
I think we can all continue, safely under the umbrella of faircomment, and public interest.
:)
2007-07-09 08:54:24 · answer #1 · answered by eirefaeriemom 3 · 5⤊ 2⤋
Is there any suggestion that they have even thought of suing, let alone actually having the intention to do so? I wonder whether it was your intention to give some people the impression that this is the case?
I doubt that there'd be any grounds for litigation NOT, I hasten to add, because there has not been defamatory comment because I'm certain that there has been but because this is an internet forum.
I think I recall from the Mumsnet/Gina Ford debacle that US hosted sites are more or less immune from litigation because of US law (the problem there was that Mumsnet is UK hosted and has less protection against the threat of legal action than if it had been US hosted). I speculate, but do not know, that some aspect of the way things are set up protects posters from litigation too.
Nevertheless, I have always considered it a sensible approach to state as fact only that which I know to be fact, to make clear what is merely my opinion and to try to set out the basis for each.
2007-07-09 11:03:20 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If this has been said and if it is true,they can try,but they won't get far, because we have freedom of speech, and they would lose because,;
1, they left 3 babies home alone.
2, they are guilty of child neglect.
3, they didn't protect Maddie in her hour
of need.
4, they never checked on the 3 babies
for 45 -50 minutes.
and if they tried to take me to court. I would
simply ask them why did they do it, I would ask them, what was most important to them eating or their children, and I would tell them they were not responsible parents, and that they should stop spending the money, kind people have sent in and give it to charity, and go back to their jobs,whatever happens the police will contact them,I would also tell them it is 100% their fault,because the 3 children were left all alone in a strange hotel and country,
2007-07-09 11:14:45 · answer #3 · answered by towzer 3 · 2⤊ 0⤋
You have a good set of arguments there but don't forget the main one - If they were to try and sue, the case could not fairly be heard as if you were to start putting those points in your defence, they would not be able to reply to them as that information MAY impede another trial in relation to prosecuting Maddy's abductors.
2007-07-09 08:50:13 · answer #4 · answered by David 5 · 3⤊ 0⤋
I dont think they will sue, as one there would lots of people counter suing them! and two it would take so much court time for the Mcanns to sue all the people who have a bad word to say about them! I jst dont understand why this has been made so public? people go missing everyday, do you really expect to leave your little kids in a apartment or whatever, with no other adults with the door wide open and expect them to stil be there hours later? get real, they should be lucky not all of them were missing that day.
2007-07-09 08:23:22 · answer #5 · answered by **Kesha** 5 · 4⤊ 1⤋
A lawsuit against the general population of answers would be a preposterous waste of time. it would be filed as an attempt to gag the public, threatening to undermine our right to express our own opinion. The case would never make it to court, even as slander, or I prefer libel. Slander is spoken.
Libel charges would require that we have given false information about them, but considering we have all only expressed our opinions on the facts, and nothing false, that would also not survive. They would be better off approaching Social Services and asking for help with their H&S awareness skills, and learn how to apply practical parenting.
Not only would this be cheaper, they would also gain more from it.
2007-07-09 08:15:59 · answer #6 · answered by ? 5 · 5⤊ 2⤋
Well, they'd have to sue an awful lot of people on an awful lot of forums in more than one country, for expressing opinions that the McCanns don't like, but, I doubt even they could manage that!
2007-07-09 09:08:21 · answer #7 · answered by Ysanne 5 · 3⤊ 0⤋
Is this some leaked story under the bizarre news category.
I think they will have their hands full with lawyers defending their incredibly bad decision. Plus, opinions are the right of citizens in most free countries and the last I read the McCann's don't reside in Iran, Cuba or Communist China, etc.
I'm still praying for a happy outcome to their situation.
2007-07-09 08:01:41 · answer #8 · answered by Anonymous · 7⤊ 2⤋
I am not losing sleep over it and mshighwater if you should read this...a McCann supporter went on a rant about them suing all of us that support just Madeleine and have thoughts, suspicions and theory regarding the night in question.
2007-07-09 11:54:09 · answer #9 · answered by Ladybugs77 6 · 1⤊ 0⤋
They cant afford to sue, and i don't mean cos of the financial costs.
Their own part in the activities of May 3rd would be called into question. And that would prove too uncomfortable.
The best they can hope for is some of their fans to press the violation button on this site. That way they can silence any criticism/questions without the truth emerging.
2007-07-09 08:08:57 · answer #10 · answered by Jason 3 · 7⤊ 2⤋