She muses:
Pangloss is glad to see ISPs like TalkTalk, whom she has always regarded as being stuck between a rock and a hard place in this matter, coming out firmly against Mandelson's proposals and even gladder to see them endorse her own arguments that 3 strikes is likely to be in breach of ECHR guarantees of due process and privacy.
What they might argue is the rather muzzy domestic law tort that the government has interfered with their business contracts. This would be controversial (doesn't a government have the right to do exactly that? case law mainly concerns dirty practice by commercial competitors) and would attract considerably less public sympathy of course.. Possibly.
My preference - is the use of the tort of negligence: any exercise of statutory duty is subject to discharging obligations with reasonable care. Godfrey v Demon is worth a second look, I think: here and here.
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