Newsgroup: it.economia.borsa
Titolo: Tiscali Given Clearance to Sue BT over Marketing Letter

Tiscali Given Clearance to Sue BT over Marketing Letter
By: MarkJ - 18 December, 2008 (2:27 PM)
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Remember the furore that erupted after a marketing letter for BT's broadband 
services was sent out to Tiscali customers warning them about the ISPs 
future (copy of the letter)? BT's message appeared to exploit the 
uncertainty surrounding Tiscali's sale, hinting to users that the service 
might be at risk.
Naturally Tiscali was somewhat less than pleased with the move and quickly 
began taking legal advice over the matter, though their defamation case was 
initially blocked. However all that appears to have changed after they were 
granted permission by the High Court to sue under new unfair commercial 
practice laws.
Out-Law.com reports that Tiscali has now won the right to bring a case that 
is based on alleged breaches of the Consumer Protection from Unfair Trading 
Regulations and the Business Protection from Misleading Marketing 
Regulations laws:
Enforcement of the Regulations is limited to enforcement authorities such as 
the Office of Fair Trading, Trading Standards and Northern Ireland's 
Department of Enterprise, Trade and Investment. Individuals and companies 
are given no rights of action. However, Tiscali is relying on the tort, or 
civil wrong, of unlawful interference with a business.
"The central point of [Tiscali's] case is that there simply were no grounds 
for suggesting that the talk earlier in the year of a takeover, or the 
possibility of its coming to fruition in the medium term, provided any 
grounds for thinking that the broadband service would no longer be available 
to customers," said Mr Justice Eady in the High Court, giving permission for 
the case to continue.
"There is no reason to suppose that if [Tiscali] succeeds in establishing an 
infringement of these new regulations, aimed at the protection of consumers 
and businesses, this could not serve as 'unlawful means' for the purpose of 
establishing that tort," he said.
Tiscali's case will claim that BT's marketing letter interfered unlawfully 
with its business through malicious falsehood, though it may have to prove 
that the operator acted dishonestly. Suffice to say that technical 
interpretation of the law often makes for difficult cases and it will be 
interesting to see who wins. Tiscali has declined to give us a comment.
-- 
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Quando l'ultimo albero sarà stato abbattuto,
l'ultimo fiume avvelenato,
l'ultimo pesce pescato,
l'ultimo animale libero ucciso...
Vi accorgerete che non si può mangiare il denaro.
(Nativi Cree). 

 By: MarkJ - 18 December, 2008 (2:27 PM)
Ok, se la notizia è questa domani ricomincia la lenta discesa. Se avessi un
minimo di spina dorsale ne ricompatterei un po'.... ma il 31/12 è alle
porte.
PS ma siamo sicuri she i primi crediti fiscali siano utilizzabili entro fine
anno?

 anno?
si, ma la notizia non credo sia questa anche perchč se non erro parla di una 
tiscali  che rischia di non riuscire nemmeno piů ad erogare il servizio 


Tiscali set to sue BT for 'unlawful interference'
Thursday 18 December 2008 | 04:29 PM CET