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updated on 23 February 2012
In what is thought to be a first in the United Kingdom, a High Court claim has been served via Facebook. The claim was brought by investment managers AKO Capital and AKO Master Fund against TFS Derivatives, with the use of Facebook authorised to locate former TFS employee Fabio de Biase, who has so far not participated in the proceedings and eluded attempts to ascertain his whereabouts.
As reported in Legal Week, this is the first High Court claim served using social media, though a court order has been served via Facebook (and an injunction through Twitter) in the United Kingdom's lower courts. Law firms Memery Crystal, Clyde & Co and Stephenson Harwood have all landed advisory roles on the case.
DLA Piper litigation partner Hugh Evans was available to comment on the case: "The decision to permit service by Facebook demonstrates that the judges in London's commercial court are prepared to deploy modern technology and changing social behaviours in support of litigants needing to serve opponents. In doing so they are continuing to enhance the reputation of London as a venue for the global business community's high value and complex disputes."