Talk Talk and BT were acting after a Judicial Review earlier this year dismissed charges made by two ISPs that the Act was unlawful under European law.

In April Justice Kenneth Parker ruled against four of the points that BT and Talk Talk raised, although he found for the ISPs on one ground, requiring an adjustment to the draft Statutory Instrument on costs.

The two ISPs decided to continue their challenge to the DEA, although Monday's decision by Judge Sir ...