THE owners of a Highland guest house have lost an appeal in their legal fight to obtain details of review writers from an internet travel site as they seek to sue the authors.
Martin and Jacqui Clark, who run Tigh-Na-Cheo, at Kinlochleven, Lochaber, maintain that one report was false and that another set out events that were fictional.
The authors of the unfavourable reviews published on the TripAdvisor website used pseudonyms - dreckit Manchester and edna B London - and the couple wanted information about their identity as they wished to sue them for defamation.
The American company, which is incorporated under the law of the state of Massachusetts, opposed the move and have not revealed the information sought.
A judge at the Court of Session in Edinburgh earlier this year rejected a move for an order seeking to disclose names, addresses and other information on the identity of the authors, upholding a plea of "no jurisdiction".
Paul Arthurson QC said: "I conclude that the approach contended for on behalf of the petitioners (the Clarks) would require the court in turn to make a rather alarming entirely global assertion of jurisdiction."
The couple appealed against the ruling to three judges at the court.
But Lady Paton, who heard the challenge with Lord Menzies and Lord Drummond Young, rejected the appeal.
She said: "Nothing in the respondents' (TripAdvisor) terms and conditions suggests that the respondents have undertaken to be bound by the orders issued by a Scottish court."
Tripadvisor claimed that the couple registered with their website in June 2011 and accepted their terms of use, which included a provision that the agreement was governed by the laws of Massachusetts.
Graeme Henderson, counsel for Mr and Mrs Clark, said they had ticked the box only because they could not otherwise make progress on the website. He argued that the Court of Session had the power to grant the order sought and that the judge who initially heard the action had erred.
But Lady Paton said: "The Scottish courts do not have jurisdiction over the respondents, who are a company incorporated under the law of the state of Massachusetts."
She said nothing in the TripAdvisor terms and conditions suggested that the company had undertaken to be bound by orders issued by a Scottish court.
The civil appeal judges also found the couple liable for expenses.
When contacted, Mr Clark said he did not want to comment.
But Alex Scrivenor, of the Crags Hotel in Callander, said he felt for the couple. He himself attracted global publicity in February because of his Basil Fawlty-style rant against an online reviewer who trashed his hotel's reputation.
He informed his detractor that St Valentine's Day had always held a special place in his heart, but that "henceforth I will remember Valentines as the miserable day that I had the misfortune to meet you, your husband and your friends from England!"
He said he had met the Clarks and understood their desire to "hold to account" those who damage the reputation of their business.
He added: "They visited us here when we were in the news. I liked them. They were clearly very upset and determined to get justice. It clearly is wrong that somebody can damage the reputation of a business with complete impunity because they can hide behind the cloak of anonymity. We should be able to hold them to account.
"However I am not totally surprised by the court's decision given the massive machine that TripAdvisor is and the amount of money it can throw at paying lawyers. However it may very well be that TripAdvisor don't know the true identity of the reviewers. I believe it is very easy to create a bogus identity."
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