How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LondonlawyerJ Your Own Question
LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

Hello. I have a review posted on my holiday site ( www.homeaway.co.uk

Resolved Question:

Hello. I have a review posted on my holiday site ( www.homeaway.co.uk Property Ref: 81755. ), which is both malicious and slanderous. I understand that to sue for slander is a High Court case and obviously very expensive. The website have an agreement to take down reviews when there is a legal action pending. Is there any way I can pursue this client through the courts.....I am losing a lot of potential bookings because of an arguement with this client over their cat, which was ripping the furnishings to bits ! I know it sounds petty, but we are talking about a revenue stream of 5,000 or so Euros, this summer.

Thank you for your time.

Nigel Taylor. Bournemouth.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

I think from a legal action point of view you have some difficulties. Are the no other circumstances in which a review will be taken down?

Customer:

Hello. I'm really only need to provide some sort of legal document to the company ( Home-Away ) to show that action is being taken. I don't expect to take any action.That would be nigh impossible. It's only to be able to take bookings in the next month or two, prior to the July and August peak months.

Customer:

Personally, I think the company have the wrong policy. I certainly won't be renewing my contract with them in September. One slanderous review can cast a deep shadow over all my previous satisfied customers !

Customer:

I can to a degree prove their review was sladerous. They said there was no personal service. Totally untrue. I spent an hour with them prior to leaving them alone in the house and sent them an e-mail ( which I have ), two days later, asking them how they were getting on and if they needed anything ?

Customer:

slanderous

LondonlawyerJ :

You are right, an action for libel (written defamation as opposed to slander oral defamation) is a very expensive high court action. You could always issue a claim in the small claims court for loss of revenue and allege negligence in the particulars. I think your argument could be that the reviewer owes a duty to you and other users to make sure hs review is fair. He has breached that duty by making his inaccurate review and is causing you financial harm as a result. Follow this link to see the simple procedure for bringing a small claim. To issue you will need to pay an issue fee. The beauty of the small claims court is that you will not have to pay his legal costs if any (except small legitimate expenses) even if you lose the case or drop it at a later date. I think there could be difficulties in actually winning a case like this but you could issue on this basis so that there is an ongoing court case for you to show to Homeaway. The case once issued will take several months to come to a final hearing and you can withdraw at any time.

LondonlawyerJ :

I hope this answer is helpful.

Customer:

Thank you. I was in the small claims court many years ago and found it very good. That was the answer I was hoping for. Thanks again and have a good day.

Customer:

Kind Regards. Nigel Taylor. Bournemouth.

LondonlawyerJ and other Law Specialists are ready to help you