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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 was previously unaffordable for the majority of people, it’s now

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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