The controversial Digital Economy Act will go through judicial review, with ISPs BT and TalkTalk mounting a legal challenge that could see it overturned.
The Digital Economy Bill was passed through parliament in the 'wash up period' when many MPs are not present.
A meagre two hours of debate did not appease critics of the proposals, which amongst other things, brought in proposals on how to deal with illegal filesharing.
BT and TalkTalk – two of the UK's foremost internet providers mounted a legal challenge, claiming that the bill had received 'insufficient scrutiny' and that has now been upheld.
Speaking about the decision, TalkTalk executive director Andrew Heaney told the Guardian: "The provisions to try to reduce illegal filesharing are unfair, won't work and will potentially result in millions of innocent customers who have broken no law suffering and having their privacy invaded."
He added that the judicial review process would "properly assess whether the act is legal and justifiable".
The Liberal Democrat party was hugely critical of the Act when it was passed, but hopes that the change from the Labour government behind the bill to the current Conservative-Liberal coalition would lead to its end proved optimistic.