ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
(MR JUSTICE KENNETH PARKER)
Strand, London, WC2A 2LL
B e f o r e :
| The Queen (on the application of) BT plc & Another
|- and -
Secretary of State for Business, Innovation and Skills
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented.
Crown Copyright ©
Lord Justice Lewison:
"In my judgment, the true test that emerges from the cited passages is whether the measure in question 'by itself' has 'legal effect for individuals'; and that, therefore, for a measure to have legal effect by itself it must be binding and be sufficiently precise and specific so as to be enforceable against an affected individual."
"...the incidence of the initial obligations on ISPs is made expressly contingent upon the promulgation and enactment of the Code. Without the Code, the initial obligation simply beat the air in legal terms, Secondly, the initial obligations are not yet sufficiently particularised as to be enforceable..."
Order: Permission to appeal refused on Article 15 point; permission to appeal granted on all other grounds.