Remember the furore that erupted after a marketing letter for BT's broadband services was sent out to Tiscali customers warning them about the ISPs future (copy of the letter)? BT's message appeared to exploit the uncertainty surrounding Tiscali's sale, hinting to users that the service might be at risk.

Naturally Tiscali was somewhat less than pleased with the move and quickly began taking legal advice over the matter, though their defamation case was initially blocked. However all that appears to have changed after they were granted permission by the High Court to sue under new unfair commercial practice laws.

Out-Law.com reports that Tiscali has now won the right to bring a case that is based on alleged breaches of the Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Marketing Regulations laws:


Tiscali's case will claim that BT's marketing letter interfered unlawfully with its business through malicious falsehood, though it may have to prove that the operator acted dishonestly. Suffice to say that technical interpretation of the law often makes for difficult cases and it will be interesting to see who wins. Tiscali has declined to give us a comment.