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Can i complain?
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The solicitor’s first duty is to the court and their second duty is to their client. If their client provided them with relevant evidence in a dispute, they are obligated to use this provided it was not illegally obtained (which it was not in this case).
That's debatable. Accessing other peoples data (including, for instance, their emails) without their permission for is illegal under the 1990 Computer Misuse Act.
Him having the phone from her doesn't change thing - and it should be crystal clear to any reasonable person that under their present circumstances (i.e. getting a divorce) him still holding onto the phone doesn't represent explicit permission from her to him to read her emails (especially has she has asked for it back). He has absolutely not legitimate or legal reason for doing what he did.
Her not having changed her passwords doesn't make this her "fault". He shouldn't be reading her emails, he knows he shouldn't be reading her emails, he knows he doesn't have her permission to read her emails.
Whether the *solicitor* did anything illegal/unethical is another matter.0
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