Would ntl risk taking it to court? I can just see the headlines... 'ntl change T's & C's without informing customers' - 'customer taken to court because of ntl's mis-management', etc.
I really don't think ntl would want it as news, it might put off future customers. Regardless of it being right or wrong.
IF something like this were to happen, i think it would be a media hot spot, certainly in the communications industry. It's the case that would set a precident for future cases. And i'm sure whoever the person was going to court would have his costs paid for, by some anti-cap group, or media company, wanting their story.