UK challenge against NCA: permission for EncroChat appeal refused
The Court of Appeal refused permission to appeal in Palmer and others v NCA on 20 September 2024. The challenge concerned the legal authority for Operation Venetic.
Eleven linked proposed appeals followed the IPT judgment of 11 May 2023. Claimants disputed the type of warrant, information supplied to the approving judge and whether bulk powers were required. A key legal issue concerned stored communications versus interception during transmission.
The IPT declared the targeted equipment interference warrant lawfully issued and rejected important complaints about the NCA’s candour and additional warrants. Separately, it held it lacked jurisdiction to determine the lawfulness of the European Investigation Order.
The Court of Appeal refused permission to challenge that judgment on the proposed grounds, leaving those IPT conclusions standing. This was a challenge against the investigative agency, distinct from evidence questions in individual criminal trials.
