The McCanns yesterday lost an appeal in Portugal’s highest court over damaging allegations in a book on the case by Goncalo Amaral, who initially led the investigation into Madeleine’s disappaearance ten years ago.
The couple initially successfully sued Amaral for libel over the book, The Truth of the Lie, but the decision was overturned by another court in 2015.
In the latest round of their legal battle the couple have failed to have the original decision reinstated.
That raises the nightmare prospect of being sued by Amaral for damages.
Appeal judges later reversed that decision and the new ruling supports that decision and could represent the end of the legal road for the McCanns.
Amaral's book, which was released three days after Kate and Gerry had their status as formal suspects lifted by the Portuguese police, is understood to have earned him more than £300,000.
Following the BBC dramatisation of the fake kidnap of Shannon Matthews, inevitably the first couple out of the gates for comment were the McCanns.
A source close to the family is said to have told the press the drama is appalling and insensitive.
Well here’s a new idea for the McCanns: this time it’s not all about you. This is not your story to tell.
This is about the tragic life of another little girl: Shannon. A little girl born into nothing, treated as nothing and finally freed to be something after her own mother was arrested.
The parents of missing Madeleine McCann have been challenged by Portugal's highest court over their insistence they had nothing to do with their daughter's disappearance.
Kate and Gerry McCann have always claimed they were innocent of any wrongdoing despite former police chief Goncalo Amaral's allegations Maddie died in their holiday flat and her parents faked her abduction to cover up the tragedy.
But Portuguese Supreme Court judges who ruled last week against their last-ditch appeal over Mr Amaral's 2008 book 'The Truth of the Lie' said the lifting of their status as 'arguidos' - or formal suspects - did not mean they were innocent.
The parents of Madeleine McCann are said to be considering legal action after a controversial TV documentary about her disappearance surfaced on YouTube.
The show was made to accompany ex-police chief Goncalo Amaral's book claiming Kate and Gerry were responsible for covering up Madeleine’s “death” in May 2007.
Both the book and the documentary were barred after the McCanns launched a successful libel lawsuit in Portugal.
According to the Daily Star, the McCanns have enlisted the help of specialist libel firm Carter Ruck.
The couple's spokesman told the Star: "Any potentially defamatory material found online will be reviewed and assessed by Kate and Gerry’s lawyers."
Amaral is currently believed to be in Switzerland putting the finishing touches to a sequel to his first book about the case.