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BT and TalkTalk have received a boost, after a judge ruled their judicial review of the Digital Economy Act has "a real prospect of success".

Earlier this year, the High Court sided with the government's decision to enact the controversial legislation, which has introduced a requirement for broadband providers to adopt filesharing prevention measures.

Both BT and TalkTalk have been vociferous critics of the act, which they claim was passed with insufficient parliamentary scrutiny and imposes unfair obligations on the broadband industry.

The firms continue to argue that the Digital Economy Act is incompatible with European privacy laws.

And after it appeared their fight against the legislation had been lost, the comments of Lord Justice Lewison have given the broadband providers fresh hope.

"In my judgment there is a sufficient prospect of success in these arguments to attract the adjective 'real' and I grant permission to appeal on that ground," the judge said.

According to, a new hearing could now take place as early as February 2012.

BT and TalkTalk will able to appeal the decision to refuse them a judicial review, meaning the legality of the act could be fully investigated by the judiciary.

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