Gerry McCann, the father of missing Madeleine, has left a court in Portugal once again without being heard as a witness in the family's libel case against former police inspector Goncalo Amaral.
Mr McCann still does not know whether he will be able to give evidence as no decision has been taken.
Other legal teams are thought to have until October 16 to make submissions on his application, ahead of the judge making her final decision.
Mr McCann said, "Obviously it's disappointing, but we will just keep going."
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The boy was found unconscious and in cardiac arrest and was rushed to hospital where he died.
The victim, who was wearing her uniform at the time, was found knocking on doors nearly four hours after she was abducted.
There will be gales across Scotland and northern England this morning, but these will gradually ease through the afternoon.