Court quashes complaint case

by Gaby Huddart

A court case in Northumberland last week brought to light the difficulties faced by restaurateurs from "professional complainers".

Keith Wilson, proprietor of The Rob Roy seafood restaurant in Berwick-upon-Tweed, was taken to Morpeth County Court by a customer with a list of 11 complaints against the establishment after a visit in September.

These ranged from accusations that the staff were unprofessional, the crockery used was "akin to [that in] a transport café", the food was over-priced and the musical entertainment was poor.

Mr Wilson and his staff said they had received no complaints from the customer until after he had paid his £37.40 bill, when he had caused a "huge rumpus".

The man subsequently wrote to the restaurant detailing his complaints, and giving Mr Wilson 14 days in which to give him a full refund or face court action.

"The court threw out the claim as the only contract we had entered into was that he had purchased a meal and we had supplied it, which was met," said Mr Wilson.

The district judge ruled that as the man had eaten the meal without complaining he had no cause for redress.

"In 14 years at the restaurant I have had no complaints," Mr Wilson added.

Martin Couchman, deputy chief executive of the British Hospitality Association, said there was nothing restaurateurs could do to protect themselves from the scourge of professional complainers, but praised Mr Wilson for proceeding with the case rather than settling out of court.

"By going to court you are paying to protect your reputation," he said. "This is a problem because there is not a lot you can do about professional complainers who go around trying to get their money back or a free bottle of wine."

As the law on small claims cases stands, Mr Wilson had to pay his own legal costs as they amounted to less than £1,000. This rule is designed to dissuade people from wasting the court's time.