Stephenson Harwood uses Facebook to serve court claim

  • Print
  • Comments (13)

Readers' comments (13)

  • How do you establish that the Facebook account is active? Also if it is possible to determine this, isn't it contrary to established case law as to the modes of service and the CPR.

    Unsuitable or offensive? Report this comment

  • Like

    Unsuitable or offensive? Report this comment

  • Well, as a starting point, if the person is posting updates on their facebook page, that's a good indication that the account may be active ;-)

    The CPR gives the Court discretion to order service by an alternative method where appropriate. As for case law, case law is by its very nature always developing, should and does move with the times.

    Unsuitable or offensive? Report this comment

  • I didn't realise that there was a 'Served' button.

    Unsuitable or offensive? Report this comment

  • I am surprised that they say this is believed to be a first. I have previously obtained permission from the High Court to serve via Linked In and didn't think this was particularly new or innovative. I would be very very surprised if service via Facebook hadn't been done a long time ago!

    Unsuitable or offensive? Report this comment

  • The last comment about a "Served" button is more than a bit flippant, isn't it! Of course, there is no "Served" button on Facebook, just as there is no served button in a newspaper advert or posting on the wall of the last known address of the defendant!

    Unsuitable or offensive? Report this comment

  • "Please check your account as you may have missed some updates. Legal proceedings have now been served on you."

    Unsuitable or offensive? Report this comment

  • How did you serve via LinkedIn, which doesn't allow you to send attachments?

    Unsuitable or offensive? Report this comment

  • It was slightly different as it related to service of a bankruptcy petition as opposed to a claim form but the order for substituted service provided that we had to send a copy to the last known residential address and e-mail address (from which no responses had been received) and that we then had to notify the respondent by Linked In that the petition had been sent to those addresses.

    Unsuitable or offensive? Report this comment

  • The Australian courts have allowed lawyers to serve documents via Facebook since 2008. The arguments for using the medium are the same as for this case.

    http://www.ft.com/cms/s/0/09f59f8e-cbdc-
    11dd-ba02-000077b07658.html

    Unsuitable or offensive? Report this comment

View results 10 per page | 20 per page

Have your say

Mandatory Required Fields

Mandatory

Comments that are in breach or potential breach of our terms and conditions in particular clause 8, may not be published or, if published, may subsequently be taken down. In addition we may remove any comment where a complaint is made in respect of it. These actions are at our sole discretion.

  • Print
  • Comments (13)