Quote:
Originally Posted by popper
while iv not really looked that hard, all the Uk law seems to refect that
5. Injunctions are
civil orders obtained from the County Court.
under EU law (iv not looked yet) it might be that it needs a high court judge ruling to keep it in place....
but you have to wonder how much type in the mainstream press a simple County Court Injunction against the 3 main ISP CEO's and COO's will get.... 75% of the whole UK Broadband market remember under(per-)Phorm.
the bank charges press coverage on overdrive perhaps  it might be werth asking BankFodder
Administrator
The Consumer Action Group to see if he can give any legal tips in this growing UK ISP/Phorm fight and other related matters. such as throttling,billing, unlawful charges etc if your looking to win other smaller battles for the ordinary users. |
Popper, when it comes to injunctions against an individual/individuals then yes a county court most likely would be sufficient. We arent dealing with a case that only involves one or two people. We are talking about a case that would stop the UKs 3 largest Internet Providers from implementing new technology (phorm) that will affect
millions of customers.
I arent a lawyer but common sense tells me that most county courts most likely wouldnt have the authority to make a ruling on something that important. For example, taking the case of Judicial Reviews, my understanding is that those have to be heard in the High Court. County courts only deal with civil matters and given that a large part of the arguments underpinning any application for an injunction refer back to RIPA, which is a criminal law not civil, I really think it would have to end up in the High Court or maybe a High Court Judge sitting at a county court?
I really wish we had a lawyer here who could give concrete information and advice to Alexander and the rest of us on this. An injunction would be another great milestone in the fight against Phorm.