Clark and another v Tripadvisor LLC

Civil procedure – Jurisdiction – Recovery of information. Court of Session: Refusing a reclaiming motion by petitioners who had asked the court to order disclosure of the identity of two users of the respondent's website who, it was averred, posted defamatory matter about them and their guest house, the court concluded that the Lord Ordinary was correct to sustain the respondents' plea of no jurisdiction, as the Scottish courts did not have jurisdiction over the respondents, a company incorporated under the law of Massachusetts who had their principal place of business there, and the clause in the respondents' terms and conditions prorogating the jurisdiction of the Massachusetts courts applied to the application.

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