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Summons to court!

Comments

  • #2
    biko
    Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Lol, I approve.
    Despite the existence of similar case law in other jurisdictions including the UK, Australia and New Zealand, this is the first case of this nature within Ireland and is an area which will undoubtedly be developed further in the future.


  • #3
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Tallon wrote: »
    By Facebook?

    http://mop.newsweaver.ie/itgroup/1u2z14hk7ia

    Words fail me

    FB seems to be regarded as a conventional mode of communication now:

    "In making the ruling, Mr Justice Peart was satisfied that the defendant was an active Facebook user and that use of the conventional serving methods would prove ineffective, as the home address, telephone number and email address of the defendant, who was living outside Ireland, were all unknown."

    On an aside, should this really be in Legal Discussion?


  • #4
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Definitely something that solicitors will be chomping at the bit to use. Lots of people using various loopholes and cheats to avoid having their true contact details on their bills or their registration certs, but most of them will have facebook accounts...


  • #5
    Tallon
    Closed Accounts Posts: 22,565 ✭✭✭✭Tallon


    Grolschevik wrote: »
    On an aside, should this really be in Legal Discussion?
    I figure it's Motor related, and with the talk of sending speeding fines / points to family in other countries, I'd like to see opinions on it


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Tallon wrote: »
    By Facebook?

    http://mop.newsweaver.ie/itgroup/1u2z14hk7ia

    Words fail me

    Publication in a national news paper can be substituted service, attaching documents to a persons gate the same, I don't know why words fail you, in fact most of the time judges are accused of living in the past, this is an example of the law keeping up with the norms in society.

    BTW Facebook pictures and postings have been used in court cases to disprove a claim by one side or the other.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Tallon wrote: »
    I figure it's Motor related, and with the talk of sending speeding fines / points to family in other countries, I'd like to see opinions on it

    I doubt a fine could be served in this manner, as you saw the decision was a high court matter and a civil not a criminal case.


  • #8
    Tallon
    Closed Accounts Posts: 22,565 ✭✭✭✭Tallon


    ResearchWill wrote: »
    Tallon wrote: »
    I figure it's Motor related, and with the talk of sending speeding fines / points to family in other countries, I'd like to see opinions on it

    I doubt a fine could be served in this manner, as you saw the decision was a high court matter and a civil not a criminal case.
    Going forward...


  • #9
    dar83
    Registered Users, Registered Users 2 Posts: 7,106 ✭✭✭dar83


    I can see it now...


    "Det. Garda McGard Likes This"


  • #10
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Tallon wrote: »
    Going forward...

    Doubt it, the reason it can happen in civil cases the plaintiff will have some knowledge of the defendant and will know which of the many Facebook sites are in fact his, or more importantly as the case was high court it was worth their while paying a PI to find out.

    In relation to motor fines the fine is usually sent to the address the car is registered to, if a person gave AGS incorrect information I'm not sure how AGS would spend time tracking a person on face book, when all they have todo is drop the summons at the persons address.


  • #11
    bazz26
    Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    What if you put them on your ignore list?


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  • #12
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    bazz26 wrote: »
    What if you put them on your ignore list?

    It does not matter, because an order of sub service is granted, ionce it is done the court will accept the person has been served, and may then grant judgement even in the absence of the defendant. He will find it very hard to over turn judgement based on not being aware, but if he does over turn judgement, then that's ok because he know is aware of proceedings and the case can progress.


  • #13
    tossy
    Registered Users, Registered Users 2 Posts: 9,593 ✭✭✭tossy


    Just one more reason i'm glad i'm not a member of face "look at me everybody i'm great" book.


  • #14
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    ResearchWill wrote: »
    It does not matter, because an order of sub service is granted, ionce it is done the court will accept the person has been served, and may then grant judgement even in the absence of the defendant. He will find it very hard to over turn judgement based on not being aware, but if he does over turn judgement, then that's ok because he know is aware of proceedings and the case can progress.

    How might something similar apply to, say, Boards?

    Some members do use their own names as usernames. With others, identity is common knowlege. Many have posted pictures of themselves.

    With those that none of these things apply to, how would proving that username 'ResearchWill' really is Willie Joe McFudgeon work?


  • #15
    cormie
    Registered Users, Registered Users 2 Posts: 20,844 ✭✭✭✭cormie


    Will these not show up in "other" messages and could therefore easily not be seen? I've had "other" messages go unnoticed for months before..


  • #16
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Grolschevik wrote: »
    How might something similar apply to, say, Boards?

    Some members do use their own names as usernames. With others, identity is common knowlege. Many have posted pictures of themselves.

    With those that none of these things apply to, how would proving that username 'ResearchWill' really is Willie Joe McFudgeon work?

    To get sub service from any court a affidavit must be sworn by a person setting out what they know, a affidavit is a sorn document and is the same as giving evidence under oath. So the person will have to show the judge with that affidavit that the person is who they say they are, that the defendant uses such and such a site, and the person used the site x days ago and regularly uses the site. The judge would have to be satisfied with all the information.

    If a person swears that researchwill is in fact Brad Pitt, when that is not true, and that comes out later that the person swore a false affidavit it could cause problems, well unless you happen to be a TD then maybe not.


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