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 KC

Call: 2005 Silk: 2024

Search

Expertise

Related resources

4 New Square Chambers Wins Three Awards at the Chambers UK Bar Awards 2025


We are delighted to announce that 4 New Square Chambers won three…

Discover more

Legal 500 Caribbean: The English Bar Offshore 2026


4 New Square Chambers is delighted to have been recognised as a…

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.)