Facebook can be used to serve court documents

Legal authorities say a High Court judge in England has approved the use of Facebook to serve legal claims.

Lawyers in a commercial dispute were last week granted permission to serve a suit against a defendant via the popular social networking site.

Justice Nigel Teare permitted the unconventional method of service during a pretrial hearing into a case which pits two investment managers against a brokerage firm they accuse of overcharging them.

A former trader and an ex-broker, Fabio De Biase and Anjam Ahmad, are also alleged to have been in on the scam.

Jenni Jenkins, who represents Ahmad, said lawyers in the case had been trying to track De Biase in order to serve him with legal documents. She said that a copy of the suit was left at his last known address, but that it wasn’t clear whether he was still living there.

The lawyers didn’t have his email address, so they applied for permission to send him the claim through Facebook.

Jenkins, an associate with London-based law firm Memery Crystal, said the lawyers were confident that de Biase’s account was still active.

“The counsel told the judge that someone from the firm had been monitoring the account and they’d seen that he’s recently added two new friends, which made the judge chuckle,” she said.

De Biase was given extra time to respond to the claim “to allow for the possibility that he wasn’t accessing his account regularly,” she added.

Ordinarily, British legal claims are served in hard copy – either in person, by mail, or by fax – although unconventional means are occasionally employed if the people involved are hard to pin down.

In December, a British judge made headlines for filing an injunction against London-based protesters from the Occupy movement via text message.

Whether Facebook can be used in a divorce has yet to be tested and we will not know unless a case reaches the High Court.

This post was written by Mark Keenan. Editor of the Divorce Online Blog and Managing Director of Online Legal Service Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.

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