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ARTICLE · 24 DECEMBER 2014

Appealing Review For Tripadvisor

MacRoberts
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The owners of a Scottish guesthouse have failed in their appeal challenging the decision of the Court of Session not to order TripAdvisor to reveal the authors of "defamatory" online comments.

United KingdomLitigation, Mediation & Arbitration
Julie Hamilton
Julie Hamilton
Lynsay Cargill
Lynsay Cargill
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The owners of a Scottish guesthouse have failed in their appeal challenging the decision of the Court of Session not to order TripAdvisor to reveal the authors of "defamatory" online comments.

Background

Mr and Mrs Clark run a guesthouse at Kinlochleven, near the West Highland Way. The guesthouse was the subject of "unfavourable" anonymous comments on the travel website operated by US-based TripAdvisor. The Clarks raised an action in the Court of Session to ask the Court to use its powers under section 1(1A) of the Administration of Justice ( Scotland) Act 1972 to order TripAdvisor to disclose the identity of the persons responsible for the comments.

The court refused to grant the order sought by the Clarks. The Court stated that the 1972 Act was applicable in Scotland alone and that the Court should not assert a global jurisdiction it did not have.

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