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UK court summons can now be served via Facebook

By | February 21, 2012, 8:49am PST

Summary: No fixed abode, on the run, and evading the authorities? Not to worry. UK courts can now summon you to face trial through Facebook.

Social media has played an important role in the modern justice system in the UK as of late. Not just used by consumers and users, ordinary folk and businesses, the UK judiciary is recognising the power that social media harnesses.

From allowing the live-tweeting of trials — considering cameras are not allowed in any UK court room, this was a major step — to the Supreme Court launching its own Twitter account.

But now the UK courts are going one step further by serving court summons papers via Facebook. I kid you not.

Mr. Justice Teare gave the green light to do so. As the Telegraph reports, such a mechanism is used in many other jurisdictions around the world, including the United States, Australia, and New Zealand.

While it will most likely not be a common occurrence, it was used by the High Court to serve court summons papers to a defendant who was particularly difficult to get hold of. The landmark ruling now opens the doors for the serving of papers in similar cases.

In 2009, Mr. Justice Lewison allowed a court-ordered injunction to be served against someone via Twitter, where the defendant was only known by his Twitter username. Though Twitter breeds an air of anonymity against its users, his real name was not known, nor anything about the user. The Twitter user was ultimately barred from using the same name as political writer Donal Blaney.

But as so many Facebook accounts are clamped down in the wake of the Timeline feature rollout, it can hardly be used as an effective means of serving a court order summons or outcome; nor can Twitter be for that matter.

And, presumably, for the person who gets to slyly walk past someone in a trench-coat and slap them with papers whilst exclaiming, “you’ve been served!”, it takes all the fun out of it.

Image source: Spencer Holtaway/Flickr.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit. Details of which are restricted, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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RE: UK court summons can now be served via Facebook
wright_is 21st Feb
How do they know that you have actually received it, or received it in time?

When I was on Facebook, I generally checked in once every couple of months, so if they sent me a court summons for next week, I might not get it until the beginning of April.

Would I have been in contempt of court, or must they prove that I have actually received and read the document?
"UK court summons can now be served via Facebook"
I thinks this can't be the right thing to do. It would lead to chaos! People might make fun at you!

www.meaningsofnames.ca
How do they know that you have actually received it, or received it in time?

When I was on Facebook, I generally checked in once every couple of months, so if they sent me a court summons for next week, I might not get it until the beginning of April.

Would I have been in contempt of court, or must they prove that I have actually received and read the document?

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