The way I see it, the court's problem is that torrent sites are not doing anything illegal. It would be illegal if they were based in the UK, but they are not.
The problem with the way in which they choose to handle the situation is that it's wide open for abuse. The websites aren't charged with anything so they can't fight back accusations.
The court apparently sees no difference between a site like TPB who refuses to remove any URLs, and a site like Fenopy who removed 75% of the URLs reported as infringing on someone's copyright.
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