The more I think about this, the more I think that this is set up to be a massive Lose - Lose scenario for Linda and Venice.
The problem is that this is a private prosecution, so the chances - and the ability and will - to collaspe the case at any point, belong to the prosecutor.
The case looks far more that it is about PR and intimidation. Not getting a verdict; unless its looking like there is a very strong case that Guiliana will win. Which if you consider that the CPS didn't want to go near it, is interesting.
It leds to a situation where the danger is that in effect the emphasis is on Linda and Venice to prove themselves innocent rather than Guiliana to prove they are guilty, even though its up to the prosecution to make the case - because its not really about winning in court, but about winning a propaganda war. It needs to be seen in this framing.
I suspect they will never be allowed to get close to a verdict in which they could win, because of the danger that it might produce a legal precedent or be seen to being akin to one that might go against Guiliana's position.
They will not be allowed - in effect - to clear their names because I strongly suspect that at some point the case will collaspe with Guiliana having done what they have set out to do. Such are the dynamics of the whole situation.
This will leave a cloud of doubt, hanging over Linda and Venice which will be again used against them in a smear.
Are there any penalties for bringing a malicious prosecution?
I think this is the thing. It looks strongly suspicious to me, that Linda and Venice, will be forced at some point in all this to launch a counter case. Which again will be used against them, but it might allow them to actually clear their name in a court of law. But thats risky too. They might not win either because unlike Guiliana, they have to win in court and not on twitter.
Yes it is possible in principle to launch a malicious prosecution case under English Law.
www.dlapiper.com/en/uk/insights/publications/2016/10/banking-disputes-quarterly/claims-for-malicious-prosecution/
I hope that Linda and Venice do get bloody good advice on this, because I fear its not simply about defending themselves and the court case. If this is going to pan out the way I fear, I hope they think carefully about the prospect of a counter case - particularly with regard to the timing. I reckon what they will have to do is, make a point that they want a verdict in this, and if they don't and the case does indeed collaspe then they will persue this line otherwise they are on a real hiding to nothing.
It really is a sucky position to be in. I very much hope I am reading this wrong and that my layman legal knowledge is completely off the piste on this one.