MARTIN CLARK & Anor v. TRIPADVISOR LLC FOR AN ORDER UNDER THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972 SECTION 1(1)(A) [2014] ScotCS CSOH_20 (06 February 2014)

MARTIN CLARK & Anor v. TRIPADVISOR LLC FOR AN ORDER UNDER THE ADMINISTRATION OF JUSTICE (SCOTLAND) ACT 1972 SECTION 1(1)(A) [2014] ScotCS CSOH_20 (06 February 2014)

Section 1(1A) of the Administration of Justice (Scotland) Act 1972 does not confer jurisdiction on the Scottish Court of Session to order disclosure from parties outside Scotland, as the Act is limited in extent to Scotland and contains no contrary intention to rebut the presumption against extra-territorial effect. Furthermore, the exclusive jurisdiction clause in TripAdvisor's terms of use is comprehensive and covers the present dispute, requiring such matters to be resolved in Massachusetts.

Citation
[2014] ScotCS CSOH_20
Parties
Petitioners: Martin Clark and another; Respondents: TripAdvisor LLC
Jurisdiction
Scotland
Judgment Date
06 February 2014
Procedural Posture
Petition for Order Under Administration of Justice (scotland) Act 1972 Section 1(1 A) / Jurisdictional Challenge; Decision on Petition
Outcome
Petition refused; plea-in-law for respondents sustained.
Legal Topics
Jurisdiction, Disclosure of Information, Forum Selection Clauses, Extra Territoriality, Defamation Via Internet
Civil Procedure Private International Law Defamation Jurisdiction Disclosure of Information Forum Selection Clauses Extra Territoriality Defamation Via Internet

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Parties

Martin Clark and another

Petitioners

TripAdvisor LLC

Respondents

Procedural Posture

Petition for Order Under Administration of Justice (scotland) Act 1972 Section 1(1 A) / Jurisdictional Challenge; Decision on Petition

Legal Issues

  1. 1 Does section 1(1A) of the Administration of Justice (Scotland) Act 1972 confer jurisdiction on the Scottish Court of Session to order a party outside Scotland to disclose information?
  2. 2 Does the exclusive jurisdiction clause in TripAdvisor's terms of use preclude the Scottish court from making such an order?

Ratio Decidendi

Section 1(1A) of the Administration of Justice (Scotland) Act 1972 does not confer jurisdiction on the Scottish Court of Session to order disclosure from parties outside Scotland, as the Act is limited in extent to Scotland and contains no contrary intention to rebut the presumption against extra-territorial effect. Furthermore, the exclusive jurisdiction clause in TripAdvisor's terms of use is comprehensive and covers the present dispute, requiring such matters to be resolved in Massachusetts.

Court Disposition

Petition refused; plea-in-law for respondents sustained.

Orders

  • Prayer of the petition refused.
  • All questions of expenses reserved.