It has recently been reported that Hastings County Court granted permission for a Court Order to be served on a Defendant via Facebook.
In 2010, the JPC litigation department successfully obtained an order allowing for a Worldwide Freezing Injunction to be served by Facebook. The standards for obtaining a Worldwide Freezing Injunction are exceptionally high, however JPC were able to obtain the Injunction and persuade a High Court Judge to allow service by this unconventional method. It transpired throughout the course of events that it was the Facebook messages that led to the successful service on the Defendants.
JPC had been informed by the client that the Defendants were frequent users of the social networking site and, in reliance on CPR 6.15, JPC instructed Counsel of Lamb Chambers to make an Order for Substituted Service. CPR 6.15 grants the Court the power to order alternative means of service.
On application, the Court was satisfied that the Defendants actively used Facebook and ordered that service could be substituted. The Claimant was ordered to inform the Defendants of the existence of the Freezing Injunction by sending a personal message to them on Facebook. The Court further ordered that the message on Facebook must contain specific wording which would provide the Defendant with information regarding the Freezing Injunction and the address to which the Order would be sent to and where copies could be located.
The Court also ordered that copies of the Injunction and all supporting evidence must be served by email to the Defendant’s personal email address and all originals served on their last know UK address.
JPC created a Facebook account and following the successful service of the Freezing Injunction, the Court allowed for all future applications in respect of the Freezing Injunction to be served by way of Facebook, email and first class post.
Vicki Woolf
Trainee Solicitor
