Oh my. This headline grabbing story has caught my eye today: a french man suing Uber for causing the breakdown of his marriage when the notifications sent to his wife's phone alerted her to his extra-marital journeying.

It will be interesting to see how this case plays out...presumably he's been advised somewhere along the line that he has a strong case. What next...TopTable sued for disclosing clandestine dinner dates? People going after TripAdvisor for sharing illicit mini-breaks??

This isn't a family law case in itself but it does raise an example of the increasingly and unprecedented ways in the modern online world in which couples discover marital infidelity. Many of my clients are surprised to learn that a secret dinner, late night liaison or even holiday with a lover doesn't of itself prove 'adultery', in legal terms, but discovery of such things can all be used to demonstrate 'unreasonable behaviour' for a divorce petition. When one party to the marriage divorces the other for 'unreasonable behaviour', no actual proof of the behaviour is generally required: the test is wholly subjective. In effect, if you feel that the way your 'other half'' is behaving is unreasonable, then it is. 

We will watch and wait for the outcome of this litigation. The parties may come to a compromise before the trial, the details of which we never find out, or it may be played out to the bitter end as a test case. Certainly other social media app owners will be very keen to understand just how far the line of causation can be drawn, and what their potential legal exposure is.