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Post by PeterMac on 08.12.11 17:45

TB. We fully understand.
We however will continue to post on this thread, but making it absolutely clear that we are NOT acting as your agents, nor speaking on your behalf, nor indeed with your permission, even if we needed it, which we don't !!
We are, each of us, independent of you.

What the barrister said was his understanding, clearly based on what the solicitor for C-R had told him, based on what a researcher or the Plaintiff had told him, is very simply incorrect, wrong, erroneous, inaccurate, in error, imprecise, untrue and false.
He has professionally no choice but to correct that error in open court at the next opportunity, and to apologise to the judge for the inadequacy of his brief.
He might also consider, since what he had told the court was the crux and basis of the case, that he should formally withdraw the application in its entirely.

http://www.labnol.org/internet/favorites/find-facebook-friends-not-accept-friendship-request/2235/
When you send a friend request to someone on Facebook, they can either approve your friendship request, decline it or leave the request untouched.
Now Facebook will inform you when friends approve your request but there's no easy way to figure out the names of people who are yet to approve your friendship requests.


https://www.facebook.com/?sk=ff
Add Personal Contacts as Friends
Choose how you communicate with friends. See how it works or manage imported contacts.
Step 1 Find Friends
Step 2 Add Friends
Step 3 Invite Friends


And just for the avoidance of doubt ---
http://uk.answers.yahoo.com/question/index?qid=20090725125933AAwq1Ts
"Can you set facebook to automatically add friends? or do you actually have to click each person?"[
Someone keeps trying to add me and my partner on facebook, the thing is, we DONT know her, she lives down the road, ocaisionaly walks past out flat and poss has seved us like once in the lcal shop. Personally I find this odd, we keep not acepting but she keeps trying, she has over 700 people on her friends list, surely she doesnt need two more that she doesnt know, not even people we are close friends with
2 years ago Report Abuse
Thoughtf...
Best Answer - Chosen by Asker
block her! You will Just disappear and she wont know that you still have an account so it will be ok.... either that or just leave the request, don't respond and she wont be able to try and add you- it will just say pending request and she cant do anything more.
2 years ago Report Abuse
Asker's Rating:Asker's Comment:
Thats exactly what I've now done.
I dont mean to be harsh, but Im finding it quite weird.
Many thanks"


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Post by Smokeandmirrors on 08.12.11 19:01

TO CARTER-RUCK....

You CANNOT put any setting on Facebook so that people are automatically added as friends. FACT.

Friends posts automatically are visible to a Facebook user. FACT.

You can hide posts by friends easily or delete them. FACT.

The owner of the Facebook page in question (ie your client) has total control over who and what is allowed to remain on display, FACT.

Your client is/was able to adjust the setting so that his info is not available unless he has accepted the viewer as a friend. As your client is a solicitor he will be amply aware of the importance of reading the small print.

Whether the alleged persons are known to your client or not in "real" terms is irrelevant. He allowed them to be friends because he pressed the accept button, that is how it works. FACT.

If you disagree with any of the above, it would take you literally 5 minutes to Google Facebook FAQ's which in light of the fact you are sueing a man because of your clients Facebook page seems rather an elementary piece of research that, considering the ample fees you charge, should have been your first port of call and long before this matter was put before a judge.

If you still find yourselves unable to understand the basic mechanics of Facebook, ask anybody else over the age of 12 and under 80. There are several million users to choose from and I am sure you'd find someone willing to oblige.

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Post by PeterMac on 08.12.11 21:15

We should always remember that the judge may wish to have everything spelled out so that it may be entered into the record. There is only a limited list of things which a court is allowed to take 'judicial notice'.

"And who, pray, are the Beatles ? A modern Choral Society, m'lud" was no doubt very funny, but it had to be entered into the record, so that there was no possibility of anyone appealing later on the grounds the court thought they were discussing entomology.

In the instant case the judge was without a doubt correct, and perhaps in hindsight perspicacious, to ask for clarification on that specific point. Even if she had known the answer, which she seems to have pretended not to have done, it would have been the proper thing to establish that crucial fact. That she did so has proved that judges can actually assist the search for the truth.
The fact that she was then misled by counsel, possibly inadvertently, who had himself been misled by his instructing solicitor and the research team, possibly, but less likely inadvertently, who themselves had been misled by their client, on which I make no comment, is material in a decision as to whether there has already been a miscarriage of justice.

A miscarriage in the sense that even if the respondent has 'agreed' terms, that agreement may have in fact been reached due to the overwhelming inequality of 'bargaining power'.
I am aware that this is a concept taken from Contract law, but the principle still applies.
One party, the plaintiffs, with the might of the most feared libel lawyers who are recorded as acting either 'pro bono' or on a contingency fee basis, and backed by an unspecified and indeterminate wealth of a "fund" plus multi millionaire backers, pitted against an ageing retired social worker. [Sorry Tony !]

I do not think this case has yet the status of 'res judicata'.

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Post by aiyoyo on 09.12.11 10:38

[quote="Smokeandmirrors"]TO CARTER-RUCK....

You CANNOT put any setting on Facebook so that people are automatically added as friends. FACT.

I can confirm that bc I am a FB user. Friends are by invite only. You can ask your friends to include you in their list by sending a request and it's up to them to accept or not. Similarly you may get friends' request to be included in your circle and its entirely up to you whether to accept them or not. There is no automatic joining.

Naturally these are safety measures placed in by FB operator to protect users. Otherwise if it is an open concept that all and sundry under the sun can add themselves, without you consciously selecting to add them, then imagine the danger you face. You could end up with plenty unwanted or funny or even perverts becoming your friends, then how are you going to get rid of those?

There are millions of FB users mostly Y generationsl - can people imagine good looking youngsters getting harrassed by besotted old man or whatever and there are no restrictions put in place by FB to protect them from these harrassment - it just doesnt work that way - that is common basic common sense even without having to research.

How can fb be so successful if they didnt have in place proper operational and users rules.




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Post by jd on 09.12.11 10:41

There are not millions of Facebook users....there are BIllions!

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Post by Guest on 09.12.11 11:18

I would just like to say and not wishing to change the subject, that a very, very important lesson has been learnt here today.

If a Judge does not know how FB really works, when dealing with Libel in the year 2011. It is almost a certainty that they will not have any idea what dogs like Eddie and Keela are really capable of either.

Preparation of the finer details, providing concrete proof, is an absolute must !!
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Post by PeterMac on 09.12.11 11:30

Stella wrote:I would just like to say and not wishing to change the subject, that a very, very important lesson has been learnt here today.
If a Judge does not know how FB really works, when dealing with Libel in the year 2011. It is almost a certainty that they will not have any idea what dogs like Eddie and Keela are really capable of either.
Preparation of the finer details, providing concrete proof, is an absolute must !!
But, as I said earlier, it is also the role of the judge to bring everything out in open court, and not to assume knowledge. Judges judge, and juries give their verdict on the facts with which they are presented. Juries are always warned not to allow any other knowledge or advice to influence them.
So you are absolutely correct.
The intricate details of the workings of Facebook must be explained and if necessary demonstrated, so that there is no doubt.
And the incredible accuracy and consistency of the dogs must also be proved to the court. No one should be able to get away with a phrase such as "notoriously unreliable" without being put to proof.

And, (since they will be watching this) Carter-Ruck MUST apologise for misleading the court on that essential and central fact.

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Post by Guest on 09.12.11 11:38

I would also recommend in future, that Tony requests via an appropriate London employment agency, the use of a legal person with shorthand experience. Everything that is said in these court sessions, needs to be recorded word for word. I'm pretty sure that CR would have had someone there doing the exact same thing.
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Post by sherlock on 10.12.11 9:11

Another very important point that needs to be highlighted regarding Facebook “friends”.

As well as having to accept a ‘friend” request to allow them to become your “friend”. you also have the option/ability to “block” anybody you wish from becoming your friend and seeing that you even exist and have an account on Facebook !
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Post by Jill Havern on 10.12.11 10:00

This link to mccannexposure needs to be put on this thread

Liar, Liar: Edward Smethurst’s claim against Tony Bennett

http://mccannexposure.wordpress.com/2011/12/08/liar-liar-edward-smethursts-claim-against-tony-bennett/

wow
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Post by nomendelta on 10.12.11 10:38

[quote="sherlock"]Another very important point that needs to be highlighted regarding Facebook “friends”.

As well as having to accept a ‘friend” request to allow them to become your “friend”. you also have the option/ability to “block” anybody you wish from becoming your friend and seeing that you even exist and have an account on Facebook ![/quote

Indeed - I recently had to help my mother out as a guy was bothering her on facebook. He started off pleasantly then started insisting she went on webcam. The insistence turned to threats such as "I'll report you to facebook for spamming" so I just went in, reported him for abuse and blocked him. Now he can't see her and she can't see him. Problem solved.

I have a couple of friends who whine about the problems they've had with facebook and getting pestered by people but I've used it for over a year and never had a problem worth bothering about. At the start I started getting friends request from supposed girls with model-like pictures on their profile but these are so obvioulsy scammers it's easy just to decline or block them. Haven't had anything like that for months. As long as you are careful there is no need for problems - block is always an option. Of course some people buy into the notion that you are meant to get as many friends as you can and that's where problems lie.
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Post by Guest on 10.12.11 11:14

OMG. FAO CARTER RUCK 219423

Having seen that, I now have a relevant question for any FB user. When you allow a friend to join, subsequent friends who join afterwards are listed below everyone else in that order, it would seem. Instead of alphabetical order. Is that right?

If so, then it would seem that these friends of his were first on the list, which would suggest they are more important to him. affraid
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Post by Shibboleth on 10.12.11 11:55

I have Facebook. My friends are listed in alefbetic order, but it is the first name, so for example Arik S**** comes before Irina C****. It does not matter. Edward Smethurst would still have to *confirm* people before they are added to his account. His lawyer has lied, quite deliberately, to the hearing. This has to be shown to the judge in charge of it, he has been told a definite lie, and this is no accident. Do not try to tell me that a Carter Ruck lawyer does not know how to operate Facebook.

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Post by TrollAng on 10.12.11 12:12

Stella wrote:OMG. FAO CARTER RUCK 219423

Having seen that, I now have a relevant question for any FB user. When you allow a friend to join, subsequent friends who join afterwards are listed below everyone else in that order, it would seem. Instead of alphabetical order. Is that right?

If so, then it would seem that these friends of his were first on the list, which would suggest they are more important to him. affraid

Yes, on your wall it shows new friends in "recent activity" and the most recent are first. They're not dated but if there are other posts which are dated you can make out when the friend was added.
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Post by Nina on 10.12.11 20:15

Get 'em Gonçalo wrote:This link to mccannexposure needs to be put on this thread

http://mccannexposure.wordpress.com/2011/12/08/liar-liar-edward-smethursts-claim-against-tony-bennett/

FAO CARTER RUCK 890363



Yes indeed Get em FAO CARTER RUCK 890363 I have never read anything like that in my life. I hope that TB is collating all this info and saving it in a very secure place. What a vile sick lot they are

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Post by Pershing36 on 10.12.11 22:43

Well if they need some IT advice then I am sure I could accommodate. I prefer a six figure payment, however I cannot guarantee to give them the answers they would prefer to hear.
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Post by PeterMac on 14.12.11 13:08

@sherlock wrote:Another very important point that needs to be highlighted regarding Facebook “friends”.
As well as having to accept a ‘friend” request to allow them to become your “friend”. you also have the option/ability to “block” anybody you wish from becoming your friend and seeing that you even exist and have an account on Facebook !
I have just gone into my Facebook account.
I do not use it, (except as the crime investigation method to tracking down the man who owes me 36,000 USD)
There are 349 "friends" waiting for me to accept them.

Many of these are good friends, old colleagues and people on my Christmas card list. Some I speak to on a weekly basis, either face to face, or on the phone.
NOT ONE has been able to add his or her details to my Friends list.
Officially I have no "friends" (!)

It cannot be done.
The court was misled.

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Post by aiyoyo on 14.12.11 13:54

@PeterMac wrote:
@sherlock wrote:Another very important point that needs to be highlighted regarding Facebook “friends”.
As well as having to accept a ‘friend” request to allow them to become your “friend”. you also have the option/ability to “block” anybody you wish from becoming your friend and seeing that you even exist and have an account on Facebook !
I have just gone into my Facebook account.
I do not use it, (except as the crime investigation method to tracking down the man who owes me 36,000 USD)
There are 349 "friends" waiting for me to accept them.

Many of these are good friends, old colleagues and people on my Christmas card list. Some I speak to on a weekly basis, either face to face, or on the phone.
NOT ONE has been able to add his or her details to my Friends list.
Officially I have no "friends" (!)



It cannot be done.
The court was misled.

Yeap, it cant be done. The Court was definitely misled and I suspect the 'misled' was deliberate because there was other way to defense ES except to lie about that. That Counsel or Lawyer should be reported to the Law Society for misconduct or gross negligence in duty.
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Post by Pershing36 on 14.12.11 15:22

Is there no way of appealing this? I can see that they have it totally wrong, all of us can. How can they get away with it?
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Post by PeterMac on 14.12.11 15:46

@Pershing36 wrote:Is there no way of appealing this? I can see that they have it totally wrong, all of us can. How can they get away with it?

From the other thread - This is TB's account of what was said.

The judge said: "I don't really understand Facebook, is it the case that depending on the settings, some people can become your friends without you knowing?"
Jacob Dean (Smethurst's barrister): "That is our understanding, yes".
I piped up: "The position is that you have to make a conscious decision whether to accept or ignore a friend request".
The judge said: "Well it seems to be disputed, in which case Mr Bennett you will need to provide relevant evidence from Facebook to prove your assertion".

In other words the judge has left that particular avenue of "appeal" or clarification open for TB to bring precisely that evidence the next time he appears.

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Post by Pershing36 on 14.12.11 15:53

Cool, because there surely is no way they can get away with that.
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Post by Jill Havern on 14.12.11 15:55

@PeterMac wrote:
@Pershing36 wrote:Is there no way of appealing this? I can see that they have it totally wrong, all of us can. How can they get away with it?

From the other thread - This is TB's account of what was said.

The judge said: "I don't really understand Facebook, is it the case that depending on the settings, some people can become your friends without you knowing?"
Jacob Dean (Smethurst's barrister): "That is our understanding, yes".
I piped up: "The position is that you have to make a conscious decision whether to accept or ignore a friend request".
The judge said: "Well it seems to be disputed, in which case Mr Bennett you will need to provide relevant evidence from Facebook to prove your assertion".

In other words the judge has left that particular avenue of "appeal" or clarification open for TB to bring precisely that evidence the next time he appears.

But I thought the case was settled now and there won't be a 'next time he appears'?
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Post by Guest on 14.12.11 16:12

Get 'em Gonçalo wrote:
@PeterMac wrote:
@Pershing36 wrote:Is there no way of appealing this? I can see that they have it totally wrong, all of us can. How can they get away with it?

From the other thread - This is TB's account of what was said.

The judge said: "I don't really understand Facebook, is it the case that depending on the settings, some people can become your friends without you knowing?"
Jacob Dean (Smethurst's barrister): "That is our understanding, yes".
I piped up: "The position is that you have to make a conscious decision whether to accept or ignore a friend request".
The judge said: "Well it seems to be disputed, in which case Mr Bennett you will need to provide relevant evidence from Facebook to prove your assertion".

In other words the judge has left that particular avenue of "appeal" or clarification open for TB to bring precisely that evidence the next time he appears.

But I thought the case was settled now and there won't be a 'next time he appears'?

I thought that too? Did the judge expect the evidence there and then. If so that seems to be wholly wrong, if the lawyer provided incorrect evidence then the case should be looked at again with Tony having had time to compile the relevant information. Especially as Tony piped up the correct answer and the judge said it seemed to be disputed. It was very crucial to the case, and the judge should have imo adjourned the case so Tony could back up his statement.
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Post by sharonl on 14.12.11 18:33

If someone has pointed out that a male Facebook friend is someone that you should be wary of, and your 14 year old daughter also has him as a friend, how long does it take to get your daughter to block him? I think that it was a few weeks (maybe longer) in this case.

Also, if this 14 year old daughter, also has this man as a friend (which she did), would it be safe to conclude that he may be a friend of the family?

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Post by Pershing36 on 14.12.11 22:28

It is totally ridiculous that judges are put on cases that they have absolutely no understanding of technology that has been used. They should have to have experts or advisors to avoid being told any old tosh like this.
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