Sole traders and self-employed individuals are involved in most construction projects. They also have a crucial role in maintaining existing buildings. However, when a dispute arises, these individuals can prove elusive. A recent decision in the Australian courts may have the answer: Facebook.
A court in the Australian Capital Territory has allowed legal documents to be served on individuals via their Facebook pages (see PLC’s update). This decision is not binding on English and Welsh courts, but our judges do take notice of decisions in other commonwealth countries.
In the construction industry, service by Facebook could be particularly useful against sole traders and self-employed individuals.
So, will the TCC follow Australia and allow service by Facebook? It is the Technology and Construction Court after all. A quick search by PLC editors failed to find any TCC judges on Facebook, so perhaps the concept would need to be explained to them. Or perhaps they are all on Bebo…
A court in New Zealand has allowed Facebook service on a person understood to be living in Britain.
A court in New Zealand has allowed Facebook service on a person understood to be living in Britain.