Facebook plays hardball with me, but Facebook UK still must respond in full to Declan's letter before court claim
Facebook UK Managing Director Steve Hatch
We feel like we have been dealing with a storm in a teacup this past week, but at least now we have a case against Facebook UK to show for it. All we need to kick this case off in the Central London County Court is 1 paragraph for ground (breach of contract) and 4-5 paragraphs for particulars of claim. These are the first two paragraphs in an exhibit to facilitate the court, which will also help us in our writing up of 4-5 particulars of claim in a couple of weeks time:Timeline
1. On 1 December 2015 Facebook blocked the Claimant's wife from joining and posting to groups until 8 December without any stated reason. Facebook also removed every posting she had ever made to groups since she joined Facebook in 2010, including to a group where she is one of the administrators. The Claimant's wife appealed both of these decisions that same day. On 2 December Facebook extended the Claimant's wife's block until 9 December without any stated reason. On 3 December the Claimant wrote a letter of complaint to Facebook UK Managing Director Steve Hatch. On 4 December Facebook set the Claimant's wife's contract to correct.
2. On 5 December the Claimant sent a recorded letter before claim to Facebook UK Complaints for breach of contract. He asked to be provided with the grounds to back up Facebook's actions since 1 December and assurance in writing or durable form that Facebook would not repeat such actions in the future. He also asked to be provided with Terms and Conditions, citing duty of candour. At 12.11pm, Mr Hatch acknowledged receiving the Claimant's pre-action letter by email; however, a few hours later Facebook again blocked the Claimant's wife from joining and posting to groups without any stated reason, this time until 12 December. Facebook also again removed every posting she had ever made to groups since she joined Facebook in 2010. The Claimant's wife appealed both of these decisions that same day.
1. On 1 December 2015 Facebook blocked the Claimant's wife from joining and posting to groups until 8 December without any stated reason. Facebook also removed every posting she had ever made to groups since she joined Facebook in 2010, including to a group where she is one of the administrators. The Claimant's wife appealed both of these decisions that same day. On 2 December Facebook extended the Claimant's wife's block until 9 December without any stated reason. On 3 December the Claimant wrote a letter of complaint to Facebook UK Managing Director Steve Hatch. On 4 December Facebook set the Claimant's wife's contract to correct.
2. On 5 December the Claimant sent a recorded letter before claim to Facebook UK Complaints for breach of contract. He asked to be provided with the grounds to back up Facebook's actions since 1 December and assurance in writing or durable form that Facebook would not repeat such actions in the future. He also asked to be provided with Terms and Conditions, citing duty of candour. At 12.11pm, Mr Hatch acknowledged receiving the Claimant's pre-action letter by email; however, a few hours later Facebook again blocked the Claimant's wife from joining and posting to groups without any stated reason, this time until 12 December. Facebook also again removed every posting she had ever made to groups since she joined Facebook in 2010. The Claimant's wife appealed both of these decisions that same day.
With two weeks of a timeline written up, all we will have to do is write up 4-5 particulars of claim, add our ground to the claim form, and file the case in the county court. Declan already has the rest of the claim form filled in and ready to go!! This is his pre-action letter that Facebook UK Managing Director Steve Hatch acknowledged receiving yesterday just hours before I was blocked again and all my posts to Facebook groups were removed for the second time in five days:
Click to enlarge
Click to enlarge
These are the first two paragraphs of Declan's updated complaint to the United Nations under Article 19 (freedom of expression) of the International Covenant on Civil and Political Rights that he is currently working on.
HEAVEY v. THE UNITED KINGDOM
COMMUNICATION SUBMITTED FOR CONSIDERATION UNDER
THE FIRST OPTIONAL PROTOCOL TO THE
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
Paragraphs 1-2 of Declan's updated complaint to the United Nations
1. The Applicant in this Communication is Declan Heavey, a citizen of the Republic of Ireland who lives in London in the United Kingdom. He was born on 4 September 1960 and is a former teacher. His wife is a naturalized Irish citizen born on 26 March 1965 in Madrid in Spain. She is a former psychologist and lives with the Applicant in London. They have no children. After moving to the United Kingdom in August 2003, the Applicant founded the Network for Church Monitoring (N4CM), a non-profit he registered as a company limited by guarantee in January 2011. He is currently employed as the Managing Director of N4CM, and his wife as the Webmaster of N4CM's website called "Church and State". Edd Doerr, President of Americans for Religious Liberty: "Let me recommend an important website churchandstate.org.uk. Operating out of London this well-designed and exciting website covers church-state, population, climate change and other issues. Check it out."
2. The Applicant and his wife were forced to sleep rough on the streets of London for almost four years in total – from 4 November 2006 to 13 July 2009 (see paragraphs 20-22 below), and from 14 April 2013 to 15 May 2014 (see paragraphs 23-26 below) – and they are currently fighting the Mayor of London's Greater London Authority in the courts to stave off eviction from their home (see paragraphs 36-40 below). This notwithstanding that participants in Church and State include 40 Nobel Laureates (two are N4CM Honorary Associates), 13 US National Medal of Science winners, seven prominent members of the UK's House of Lords, and hundreds of other distinguished scholars from around the world. Prior to being made street homeless for the second time in April 2013, having been evicted from the same political 'safe house' former MI5 whistleblower David Shayler lived in until he was made homeless in 2007 (see paragraph 8 below), the Applicant and his wife were nominated for the US-based Population Institute's Global Media Award 2013 for a website described by one of the nominators as "the most important cutting edge population website ever created" (see Annex 1, Declan and Lola Heavey: PI Global Media Award Nominees 2013, p. 18).
1. The Applicant in this Communication is Declan Heavey, a citizen of the Republic of Ireland who lives in London in the United Kingdom. He was born on 4 September 1960 and is a former teacher. His wife is a naturalized Irish citizen born on 26 March 1965 in Madrid in Spain. She is a former psychologist and lives with the Applicant in London. They have no children. After moving to the United Kingdom in August 2003, the Applicant founded the Network for Church Monitoring (N4CM), a non-profit he registered as a company limited by guarantee in January 2011. He is currently employed as the Managing Director of N4CM, and his wife as the Webmaster of N4CM's website called "Church and State". Edd Doerr, President of Americans for Religious Liberty: "Let me recommend an important website churchandstate.org.uk. Operating out of London this well-designed and exciting website covers church-state, population, climate change and other issues. Check it out."
2. The Applicant and his wife were forced to sleep rough on the streets of London for almost four years in total – from 4 November 2006 to 13 July 2009 (see paragraphs 20-22 below), and from 14 April 2013 to 15 May 2014 (see paragraphs 23-26 below) – and they are currently fighting the Mayor of London's Greater London Authority in the courts to stave off eviction from their home (see paragraphs 36-40 below). This notwithstanding that participants in Church and State include 40 Nobel Laureates (two are N4CM Honorary Associates), 13 US National Medal of Science winners, seven prominent members of the UK's House of Lords, and hundreds of other distinguished scholars from around the world. Prior to being made street homeless for the second time in April 2013, having been evicted from the same political 'safe house' former MI5 whistleblower David Shayler lived in until he was made homeless in 2007 (see paragraph 8 below), the Applicant and his wife were nominated for the US-based Population Institute's Global Media Award 2013 for a website described by one of the nominators as "the most important cutting edge population website ever created" (see Annex 1, Declan and Lola Heavey: PI Global Media Award Nominees 2013, p. 18).
Perhaps Facebook UK intends telling the county court that they are Facebook and they can take any action they want, at any time, against anyone; and without having to provide the court with sufficient reason, cause or explanation. And perhaps such a defence will go viral... on Facebook!!
'Let me recommend an important web site churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out.' Edd Doerr, President, Americans for Religious Liberty
