Legal Service via Social Media. What could possibly go wrong?
Guy Tinsley
Sozialwissenschaften, Recht, Wirtschaft / bürgerliches Recht, Zivilprozessrecht
Beschreibung
Research Paper (undergraduate) from the year 2021 in the subject Law - Civil Action / Lawsuit Law, grade: Distinction, Nottingham Trent University (Nottingham Law School), course: GDL / Bar, language: English, abstract: In November 2017, the author witnessed a Family Court in Nottingham allow a Litigant in Person (LiP) to serve legal notice to his partner (the absent respondent) through the medium of Facebook Messenger. The issues were emotive: The applicant urgently sought disclosure for the whereabouts of their infant children, with whom she had absconded from their home. Evidence presented in Court showed the respondent had a history of substance abuse and mental illness. Consequently, she and their children may have been at risk of physical harm. While the applicant did not know her physical location, he was able to demonstrate a history of regular, ongoing communication between them via social media. After deliberation, the Judge, at his own instigation, allowed the plaintiff to serve notice, instructing disclosure via Facebook Messenger. He stated his confidence that the respondent would receive and understand the notice and emphasised that the expediency of this method would enable the Court to “move quickly” to next steps, in the event of non-compliance by the respondent. This report seeks to assess the prevalence of the use of Social Media in Civil Procedure in the UK; its origins, legality and future integration.
Kundenbewertungen
Legal Service, Civil Procedure Rules, CPR Part 6, CPR Part 6.27, Judicial Discretion, CPR methods of service, Family Court, Social Media Law, Development of Law, Social Media, Family Court Service