MadeleineMcCann Aimoo Forum List | Ticket | Today | Member | Search | Who's On | Help | Sign In | |
MadeleineMcCann > CENSORED > Libel Court Action Go to subcategory:
Author Content
TinLizzy
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Date Posted:02/27/2012 1:51 PMCopy HTML

 

Screenshot of The Madeleine Foundation website, 02 October 2009

By admin (Stevo)
Oct 2nd, 2009


I just spoke to Tony Bennett and Debbie Butler on the phone after they had left a 4 hour session with lawyers.

The outcome was that Tony wrote this note to Carter Ruck:
'We confirm Tony Bennett's telephone call at 3:14pm to Julia that we both accede to the demands set out by your client, the McCanns in your letters to us of the 27th August 2009.

Signed: Tony Bennett and Debbie Butler'
More news will follow when Tony and Debbie get back home.



Carter-Ruck's six key demands:

As per their communication of 27th August 2009, and as stated by The Madeleine Foundation,

1) 
To permanently take down our website at www.madeleinefoundation.org
2)  To deliver up to Carter-Ruck all outstanding copies of the booklet "What Really Happened to Madeleine McCann? - 60 Reasons which suggest that she was not abducted"
3)  To deliver up to Carter-Ruck all outstanding copies of the leaflet: "What Really Happened to Madeleine McCann? - 10 Key Reasons which suggest that she was not abducted"
4)  To erase all electronic copies of both the booklet and the leaflet
5)  To use our best endeavours to remove all allegedly defamatory postings by either of us on any website, forum or blog, and
6)  To permanently cease from making any further allegedly defamatory statements about the McCanns.



THE DECISION TO ACCEDE TO CARTER-RUCK'S DEMANDS The Website Formerly Known as The Madeleine Foundation

By Tony Bennett
02 October 2009


Debbie and will explain this in full in due course.

Today began at 4.00 am for Debbie and 5.00 am for me as we had an appointment with Kirwans Solicitors, Liverpool at 11.00am.

The meeting was with Partners David Kirwan and Michael Sandys, Solicitor Julia Kirwan and Media Advisor Nick Mason and lasted four hours with three short interruptions.

Clear advice was given that because of the high degree of uncertainty in libel litigation, no guarantee could be given that if we defended a libel suit, we would win. It was emphasised in graphic terms by one of the Partners that on a worst-case scenario the outcome could mean complete financial ruin for both Debbie and myself, with all our savings raided and court orders made to recover the equity value each of us have in the homes we own. It was also emphasised that Carter-Ruck had immense resources both within their firm and beyond them, that they could sustain a case lasting many weeks, and that to defend the proceedings would require us to engage libel lawyers at huge fees which neither of us could remotely afford to pay.

We were further advised that correspondence between Kirwans Solicitors and Carter-Ruck on 24, 25 and 29 September and 1 October revealed a strong likelihood that Carter-Ruck had indeed already drafted a libel writ and would be ready to walk into the High Court on Monday (5th Oct) at 9.00am to issue a writ, unless we acceded to their demands in full by close of play on Friday (i.e. today).

Accordingly we telephoned Carter-Ruck at 3.14pm today and faxed them written notice of our accession to the McCanns' demands at 3.25pm. Attempts to speak to both Adam Tudor and Isabel Hudson, the two main Solicitors conducting the litigation for Carter-Ruck, failed as we were informed that 'the entire department' was tied up in a meeting this afternoon. That was still the case when we telephoned again at 4.47pm to make absolutely sure that our fax had been safely received. Julia on the switchboard confirmed that it had been.

Kirwans offered to assist us with concluding written terms of settlement with the McCanns, via Carter-Ruck, if we paid them a retainer of £5,000 plus VAT. After a short period of consideration, Debbie and I decided that neither of us could afford this. We offered the sum of £500.00 to Kirwans for their advice to date which was accepted and paid by us. I should explain that this was in respect of several hours of advice and assistance from Kirwans during the period 24 September until today, notably including a sentence-by-sentence analysis of the '60 Reasons' book by Partner Michael Sandys, for which we are grateful.

As we cannot afford further legal help, we shall have to deal with any further correspondence with Carter-Ruck ourselves.

That's all, and I have to be up again at 7.00am in order to make our Cardiff meeting tomorrow on time.

FINALLY...

I wish to make it clear to all readers of this forum, whoever they are, that as from today we gave notice to Carter-Ruck that we acceded to their demand that The Madeleine Foundation website be 'suspended permanently'. Stevo has exercised what he asserts are his rights associated with registration and ownership of the domain name etc. and is now in personal and sole control of this website which has been re-named.

THIS WEBSITE THEREFORE IS NO LONGER IN ANY SHAPE OR FORM UNDER THE CONTROL OR DIRECTION OF THE MADELEINE FOUNATION.
TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #1
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:02/27/2012 2:03 PMCopy HTML


The Madeleine Foundation accedes to
Carter-Ruck's demands,
02 October 2009

TONY BENNETT:

 "Clear advice was given that because of the high degree of uncertainty in libel litigation, no guarantee could be given that if we defended a libel suit, we would win.

It was emphasised in graphic terms by one of the Partners that on a worst-case scenario the outcome could mean complete financial ruin for both Debbie and myself, with all our savings raided and court orders made to recover the equity value each of us have in the homes we own."




 It was also emphasised that Carter-Ruck had immense resources both within their firm and beyond them, that they could sustain a case lasting many weeks, and that to defend the proceedings would require us to engage libel lawyers at huge fees which neither of us could remotely afford to pay.

TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #2
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:02/27/2012 2:17 PMCopy HTML

 Carter-Ruck's Six Key Demands:

As per their communication of 27th August 2009, and as stated by
The Madeleine Foundation,

1) 
To permanently take down our website at www.madeleinefoundation.org

2)  To deliver up to Carter-Ruck all outstanding copies of the booklet "What Really Happened to Madeleine McCann? - 60 Reasons which suggest that she was not abducted"

3) 
To deliver up to Carter-Ruck all outstanding copies of the leaflet: "What Really Happened to Madeleine McCann? - 10 Key Reasons which suggest that she was not abducted"

4)  To erase all electronic copies of both the booklet and the leaflet

5)  To use our best endeavours to remove all allegedly defamatory postings by either of us on any website, forum or blog.

6)  To permanently cease from making any further allegedly defamatory statements about the McCanns.

TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #3
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:03/02/2012 10:03 AMCopy HTML

* November 2007, Tony wrote to Leicestershire and Rutland Magistrates Court asking for a summons to be issued against Drs Gerald and Kate McCann, alleging that by admittedly leaving their three young children on their own six nights in a row, they were guilty of child neglect under the Children and Young Persons Act 1933. The application was rejected simply because he could not prove that the court had jurisdiction to hear the case when the events happened in Portugal

* 25 January 2008, Madeleine Foundation formed at a public meeting

* 20 October 2008, Madeleine Foundation website goes live, featuring as its main article: '30 key reasons for suspecting that Madeleine McCann was not abducted

*23 October 2008, Tony receives death threat - reported to Essex Police who investigate and say it was sent via a proxy e-mail address and they can't detect who sent it. Days later on the AOL forum this message appears: '30 Reasons' = 30 reasons why Bennet should get a bullet in his head

* 7 December 2008, 'What Really Happened to Madeleine McCann? - 60 Reasons which suggest she was not abducted' published. Around 3,000 copies sold

* 15 February 2009, 4-page leaflet: 'What Really Happened to Madeleine McCann? - 60 Reasons which suggest she was not abducted' published and distributed in many areas of the country

* March 2009, '60 Reasons' sent to every one of Britain's 646 MPs, some Lords, and a number of editors of news media, prominent journalists etc.

* 1 May 2009, First print run of '10 Reasons' already distributed: second print run

* 1 August 2009, First Madeleine Foundation conference, in Harlow, Essex: 25 people attend

* 12 August 2009, Controversial leaflet distribution of '10 Reasons' in Leicestershire, including the village of Rothley

* 16 August 2009, 'Sunday Express' runs 'THE MCCANNS STALKER' headline

* 27 August 2009, Carter-Ruck demand we stop selling and distributing '60 Reasons' and '10 Reasons'

[September 2009, Goncalo Amaral's book banned]

* 25 November 2009, Tony's signature on an undertaking not to libel the McCanns is sealed at the High Court. He is forbidden from selling and distributing '60 Reasons' and '10 Reasons', and must destroy and deliver up to Carter-Ruck all copies. He must close The Madeleine Foundation website, and remove all libellous postings of his anywhere on the internet. Tony had posted through Carter-Ruck's letter box on 31 October all outstanding copies of '60 Reasons' and '10 Reasons'. On the very same day, Jill Havern set up the forum now known as 'The Complete Mystery of Madeleine McCann'

* January 2010, MF sets up new website, the previous one having been closed in November

* 25 January 2010, MF publish: 'The Madeleine McCann Case Files: Volume 1'

* June 2010, MF publish new leaflet: 'Your Questions Answered about Goncalo Amaral'; the McCanns say it is libellous and ask for it to be withdrawn

* July 2010, MF launch petition on Care2 Petitions site calling for a full public enquiry into all apsects of the disappearance of Madeleine McCann [982 signatures to date]

* 2 October 2010, Four members of MF hand in petition at 10 Downing Street calling for a full public enquiry into Madeleine McCann's disappearance; the event coincides with the birthday of Goncao Amaral and his removal from the Madeleine McCann enquiry [photos available]

* November 2010, BBC's 'Inside Out' team produce 9-minute mini-documentary on The Madeleine Foundation
TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #4
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:03/02/2012 10:39 AMCopy HTML


 * November 2007
 Applied to Leicester Court asking for a summons alleging child neglect. 
 The application was rejected -  Jurisdiction not proven

* 25 January 2008
 Madeleine Foundation formed at a public meeting

* 20 October 2008
  Madeleine Foundation website goes live, featuring as its main article:'30  key reasons for suspecting that Madeleine McCann was not abducted'

*23 October 2008 Tony receives death threat - Essex Police unable to locate sender. Days later on the AOL forum this message appears: '30 Reasons' = 30 reasons why Bennet should get a bullet in his head'

* 7 December 2008
'What Really Happened to Madeleine McCann? - 60 Reasons which suggest she was not abducted' published. Around 3,000 copies sold






* January 2010, MF sets up new website, the previous one having been closed in November




* 25 January 2010, MF publish: 'The Madeleine McCann Case Files: Volume 1'

* June 2010, MF publish new leaflet: 'Your Questions Answered about Goncalo Amaral'; the McCanns say it is libellous and ask for it to be withdrawn
 

* July 2010, MF launch petition on Care2 Petitions site calling for a full public enquiry into all apsects of the disappearance of Madeleine McCann [982 signatures to date]

* 2 October 2010, Four members of MF hand in petition at 10 Downing Street calling for a full public enquiry into Madeleine McCann's disappearance; the event coincides with the birthday of Goncao Amaral and his removal from the Madeleine McCann enquiry [photos available]

* November 2010, BBC's 'Inside Out' team produce 9-minute mini-documentary on The Madeleine Foundation

 * 15 February 2009
4-page leaflet: 'What Really Happened to Madeleine McCann? - 60 Reasons which suggest she was not abducted' published and distributed in many areas of the country

* March 2009
'60 Reasons' sent to every one of Britain's 646 MPs, some Lords, and a number of editors of news media, prominent journalists etc.

* 1 May 2009
First print run of '10 Reasons' already distributed: second print run

* 1 August 2009
First Madeleine Foundation conference, in Harlow, Essex: 25 people attend

* 12 August 2009
Controversial leaflet distribution of '10 Reasons' in Leicestershire, including the village of Rothley

* 16 August 2009 'Sunday Express' runs 'THE MCCANNS STALKER' headline

* 27 August 2009
Carter-Ruck demand we stop selling and distributing '60 Reasons' and '10 Reasons'

[NOTE: September 2009, Goncalo Amaral's book banned]

* 25 November 2009 Tony's signature on an undertaking not to libel the McCanns is sealed at the High Court. He is forbidden from selling and distributing '60 Reasons' and '10 Reasons', and must destroy and deliver up to Carter-Ruck all copies. He must close The Madeleine Foundation website, and remove all libellous postings of his anywhere on the internet. 

* 31 October 2009 Tony posted through Carter-Ruck's letter box all outstanding copies of '60 Reasons' and '10 Reasons'.

On the very same day, Jill Havern set up the forum now known as 'The Complete Mystery of Madeleine McCann'









TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #5
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:03/02/2012 10:44 AMCopy HTML

 * January 2010
MF sets up new website, the previous one having been closed in November

* 25 January 2010
MF publish: 'The Madeleine McCann Case Files: Volume 1'

* June 2010
MF publish new leaflet: 'Your Questions Answered about Goncalo Amaral'; the McCanns say it is libellous and ask for it to be withdrawn

* July 2010
MF launch petition on Care2 Petitions site calling for a full public enquiry into all apsects of the disappearance of Madeleine McCann [982 signatures to date]

* 2 October 2010
Four members of MF hand in petition at 10 Downing Street calling for a full public enquiry into Madeleine McCann's disappearance; the event coincides with the birthday of Goncao Amaral and his removal from the Madeleine McCann enquiry

* November 2010,
BBC's 'Inside Out' team produce 9-minute mini-documentary on The Madeleine Foundation

TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #6
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:03/02/2012 11:00 AMCopy HTML

 * 15 February 2009
4-page leaflet: 'What Really Happened to Madeleine McCann? - 60 Reasons which suggest she was not abducted' published and distributed in many areas of the country

* March 2009
'60 Reasons' sent to every one of Britain's 646 MPs, some Lords, and a number of editors of news media, prominent journalists etc.

* 1 May 2009
First print run of '10 Reasons' already distributed: second print run

* 1 August 2009
First Madeleine Foundation conference, in Harlow, Essex: 25 people attend

* 12 August 2009
Controversial leaflet distribution of '10 Reasons' in Leicestershire, including the village of Rothley

* 16 August 2009 'Sunday Express' runs 'THE MCCANNS STALKER' headline
TinLizzy Share to: Facebook Twitter MSN linkedin google yahoo #7
  • Rank:Diamond Member
  • Score:1787
  • Posts:1787
  • From:Canada
  • Register:11/07/2008 1:17 AM

Re:Tony Bennett - Carter-Ruck's six key demands

Date Posted:03/02/2012 11:02 AMCopy HTML

* 27 August 2009
Carter-Ruck demand MF stop selling and distributing '60 Reasons' and '10 Reasons'

[NOTE: September 2009, Goncalo Amaral's book banned]

* 25 November 2009 Tony's signature on an undertaking not to libel the McCanns is sealed at the High Court. He is forbidden from selling and distributing '60 Reasons' and '10 Reasons', and must destroy and deliver up to Carter-Ruck all copies. He must close The Madeleine Foundation website, and remove all libellous postings of his anywhere on the internet. 

* 31 October 2009 Tony posted through Carter-Ruck's letter box all outstanding copies of '60 Reasons' and '10 Reasons'.

On the very same day, Jill Havern set up the forum now known as 'The Complete Mystery of Madeleine McCann'
Copyright © 2000- Aimoo Free Forum All rights reserved.