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Facebook used to serve court order

Practical Law UK Legal Update 4-505-1657 (Approx. 3 pages)

Facebook used to serve court order

by PLC Dispute Resolution
The Hastings County Court reportedly granted permission for a court order to be served on a defendant via Facebook. (Free access.)
Hastings County Court has reportedly granted permission for a court order to be served on a defendant via Facebook. The case is in line with the October 2009 decision of Lewison J in the High Court, allowing service of an injunction via Twitter, and decisions of courts in Australia and New Zealand, permitting service via Facebook (see Legal updates, Service of injunction via Twitter, Australian court gives permission for service via Facebook and New Zealand court permits alternative service via Facebook).
In cases where a party experiences difficulties in serving the claim form or other documents, the court has power to allow service by an alternative method or at an alternative place (CPR 6.15 and CPR 6.27).
In this case, the solicitor concerned apparently attempted to serve the defendant using conventional methods without success and persuaded the court that service via Facebook would be an appropriate alternative, since the defendant visited the site frequently. For more information on alternative service, see Practice note, Service: asking the court for help: Court's power to allow alternative service.
This development is further indication that the English courts are willing to take a modern approach to service by adapting procedures to new technologies.
End of Document
Resource ID 4-505-1657
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Published on 15-Mar-2011
Resource Type Legal update: archive
Jurisdictions
  • England
  • Wales
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