Hallan Land Management Ltd v A Decision by RW Maslin [2014] ScotCS CSIH_110 (19 December 2014)

Hallan Land Management Ltd v A Decision by RW Maslin [2014] ScotCS CSIH_110 (19 December 2014)

The Court of Session lacks jurisdiction to order TripAdvisor LLC to disclose user identities under section 1(1A) of the 1972 Act, due to the exclusive jurisdiction clause in the respondents' terms and conditions and the absence of any place of business or relevant information held in Scotland.

Source-derived case information.

Citation
[2014] ScotCS CSIH_110
Parties
Petitioners and Reclaimers: Martin Clark and Jacqui Clark; Respondents: TripAdvisor LLC
Jurisdiction
Scotland
Judgment Date
19 December 2014
Procedural Posture
Petition for Disclosure Order / Reclaiming Motion (appeal) Against Refusal of Petition
Outcome
petition refused; plea of no jurisdiction sustained
Legal Topics
Extraterritorial Jurisdiction, Disclosure of Identity, Forum Selection Clauses
Civil Procedure Jurisdiction Defamation Extraterritorial Jurisdiction Disclosure of Identity Forum Selection Clauses

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Parties

Martin Clark and Jacqui Clark

Petitioners and Reclaimers

TripAdvisor LLC

Respondents

Procedural Posture

Petition for Disclosure Order / Reclaiming Motion (appeal) Against Refusal of Petition

Legal Issues

  1. 1 Does the Court of Session have jurisdiction to order TripAdvisor LLC to disclose user identities under section 1(1A) of the Administration of Justice (Scotland) Act 1972?
  2. 2 Is the extraterritorial reach of section 1(1A) sufficient to bind a US company with no place of business in Scotland?

Ratio Decidendi

The Court of Session lacks jurisdiction to order TripAdvisor LLC to disclose user identities under section 1(1A) of the 1972 Act, due to the exclusive jurisdiction clause in the respondents' terms and conditions and the absence of any place of business or relevant information held in Scotland.

Court Disposition

petition refused; plea of no jurisdiction sustained

Orders

  • refusal of prayer of petition
  • jurisdictional plea sustained