Resources

Richard O’Brien acts for National Crime Agency in its successful defence of its warrant in the Encrochat proceedings

News & Judgments
14 July 2023

Richard O’Brien acted for the National Crime Agency in its recent victory before the Investigatory Powers Tribunal (“IPT”) in the “Encrochat” proceedings.

A group of lead claimants, all of whom were defendants in criminal proceedings involving serious criminal charges, challenged a warrant granted to the NCA pursuant to which it obtained the evidence relied on against the claimants. The evidence took the form of messages obtained from “Encrochat” devices, modified smartphones with a “secret” mode enabling owners to communicate in an encrypted fashion with one other. Such devices were popular with criminals throughout Europe until they were compromised following a joint French/Dutch operation in 2020.

The claimants alleged that the NCA’s warrant permitting it to obtain the encrypted messages was legally flawed on a variety of bases. The IPT dismissed all the arguments following a 7-day hearing.  You can read the judgment here.

If you would like more information about Richard’s practice, please contact his clerk Dennis Peck.

Related People

Richard O’Brien

Call: 2005

Search

Expertise

Popular resources

Four Fundamentals of Limitation Periods in Contract and Tort Claims


By Carl Troman, Barrister and Mediator at 4 New Square Four key points…

Discover more

Stay of proceedings before serving a claim form


What should claimants do when limitation is about to expire? Noting…

Discover more

Why are there so many cases against lawyers for contempt of court?


There has been a spate of cases in the past couple of…

Discover more

If you would like to know more or have a question please talk to our clerks

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)