Love-match litigation hits web contact site

In a landmark legal ruling late last week a Ukrainian woman has been awarded $434,000 by a US judge in a case against the online contact site which introduced her to her ex-husband who was allegedly abusive and violent towards her.

The ruling could prove a milestone precedent for actions involving any similar US site or service where there is a perceived vetting process in place. It should also highlight the importance of vetting and contractual terms and conditions for UK companies, according to one legal expert.

James and Nataliya Fox met through the Encounters International service whose website claims "the woman of your dreams just may have a Russian accent".

The couple were married within three months.

But the marriage of James, 34, and Nataliya, 27, sounds more like a nightmare - with both calling the other abusive in a bitter legal dispute, while he branded her "nutty" and a "fruitcake" and she made allegations of domestic violence against him.

Following one alleged beating Nataliya was hospitalised and moved into a shelter. James allegedly flew to Haiti and arranged a quickie divorce. The pair are now separated and James Fox was not a defendant at the hearing against Encounters International, having settled a separate suit with his ex-wife previously.

According to a USA Today report the owner of Encounters International, Natasha Spivack claimed the settlement was unjustified and said her company could not be held accountable for the actions of members once the introduction had been made.

In her testimony Spivack claimed Nataliya had abused the system to obtain a US visa, also according to USA Today.

David Naylor, partner at law firm MoFo, said: "This is a very interesting case and one that highlights the need for companies involved in this area to be aware of their responsibilities and potential liability."

Naylor said companies in the contact and dating market would potentially be exposed to both contract and negligence based claims, and contractually cannot disclaim all liability, especially not for death or physical injury.

"I would advise companies to ensure contractual terms are clear and robust and to set expectations as to their exact involvement and the extent to which they are vetting members."

Naylor added that any precedent set by this case in the US will not directly impact UK law but added that contract law in the UK would require agencies to exercise "reasonable skill and care", and with hundreds of dating and contact sites riding a 'personals' boom in online spending, he said the risk of similar litigation this side of the Atlantic could not be discounted.

Encounters International claims on its website that it has introduced 257 married couples since 1993, with 103 children between them. Customers pay $1,850 to sign up but the site claims that money is repaid in full if the member is not married within one year.