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17 January 2025 / Henry Venables
Issue: 8100 / Categories: Features , Family , Divorce , Technology
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When couples turn sleuth…

203846
Candid camera? Henry Venables highlights the increasing sophistication of spyware in family cases

Spying in spousal or family relationships has always occurred to some extent, but the increasing affordability and accessibility of spyware, the evolution of technology, and blurred lines around acceptable and unacceptable forms of tracking are all factors that have contributed to the rise in spying in recent years. There has been a significant uptick in the percentage of cases in which one spouse is spying on the other—from approximately 20% in my firm in 2022 to around 40% in 2023.

Traditionally, clients would provide audio recordings or CCTV footage, but as technology continues to develop, the type of equipment used in a family law context is constantly changing. Now, we often see cases involving dash cams, car trackers and even secret cameras hidden in soft toys.

We’ve also recently been made aware of an iPhone charging device containing a micro-transmitter that enables spyware to be deployed and data to be accessed from a phone on charge. While this

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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