Hotel sues Google over search hint

THE owners of the Ballymascanlon House Hotel in Co Louth have taken a legal action for damages against Google alleging defamation of the hotel’s business and reputation via Google’s web search service.

It is alleged that Google had permitted, since about March 14, 2011, the term “receivership” to automatically appear after the hotel’s trading name in the autocomplete suggestions when a search is carried out.

This suggested the hotel was in receivership or financial difficulty when it was not, the plaintiffs have claimed.

Oliver Quinn Snr, Oliver Quinn Jnr, Niall Quinn and Ballymscanlon Holdings Ltd, owners and operator of the hotel, located at Ballymascanlon, Dundalk, initiated High Court proceedings in May against Google Ireland Ltd.

California-based Google Inc was later joined to the action as a co-defendant, and solicitors for the defence have sought to have the case discontinued against Google Ireland on grounds that it is not responsible for providing the Google web search service.

The defendants had also brought a motion to have the proceedings fast-tracked in the Commercial Court, but when that motion came before Mr Justice Peter Kelly yesterday, he was told both sides were consenting to have the transfer application adjourned for another two weeks.

Hugh Mohan, counsel for the plaintiffs, said his side would be opposing the application to transfer but wanted a short opportunity to put matters on affidavit.

Mr Justice Kelly said the case involved “an unusual commercial defamation claim”. It was unusual to adjourn applications to entry to the Commercial Court list and, while he would grant an adjournment on this occasion, that was not to be taken as a precedent, the judge said.