[MovedGoalPosts]

The real debate here, at least in England and Wales since Scottish Law can be slightly different, is whether or not, since Virgin Media are selling their services to consumers, the terms of their contract are fair.

Yes, Virgin Media aka Telewest / NTL have had terms in their contract purporting to allow revisions. But does that term muster scrutiny to the courts?

On the same principle, the concept of STM, capping, throttling or indeed restricting certain types of communications on a service purported to be unlimited, might also be considered by the courts to be an unfair term of contract.

As far as I know these are not matters yet tested in court. People can argue what they like about the wording of contracts and their merits. However legislation, particularly contract law can require the courts to look more closely. One would hope that the legal people at the likes of Virgin Media have thoroughly vetted their contracts, and other practices, against consumer and other case law.

I applaud the OP for his efforts towards bringing some legal clarity via the courts to the UK broadband industry as a whole. Whatever the outcome, the concerns over legality of caps, throttling and similar resurface periodically and it's time both consumer and provider had a definitive view so this can finally be put to bed.