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Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
Wearables may replace ‘he says, she says’ disputes with objective neural data on stress, memory and recognition. From custody battles to hidden assets, courts could access ‘time-stamped’ physiological evidence.
Yet risks loom: privacy breaches, admissibility hurdles and reliance on expert interpretation. Judges may face a ‘battle of the experts’.
The promise is clarity; the danger is ‘state-sanctioned mental intrusion’ into intimate human experience.
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