The legal case brought by b&b owner Richard Gollin – who claims that criticism posted on TripAdvisor is false, should be removed, and has harmed his business – has made some progress through the courts:
– TripAdvisor had previously argued that it was not subject to UK laws because it is headquartered in Massachusetts and therefore outside their remit. However, it has now dropped this argument, conceding that it can be taken to court in the UK – in this case, Scotland.
– But, the Sherriff hearing the case accepted the argument that the contract law involved was too complex for the small claims court, and must transfer to a higher court. This will require Mr Gollin to hire a lawyer, costing far more than the sum he is claiming. If his appeal against this fails – as seems likely – he may be forced to drop the case.
The hospitality sector, therefore, has noted with interest that – at least in principle – TripAdvisor can be taken to court in the UK. Other review sites might however continue to contest this.
it will also have noted that – in practice – no court case has yet reached a conclusion, and that it may be many months or several years before a case is taken to judgement and subsequent appeal.