Landmark Encrochat Case before the French Court of Cassation |

FRENCH AND IRISH LEGAL TEAMS LAUNCH LANDMARK CASE CHALLENGING ENCROCHAT EVIDENCE IN FRANCE

Phoenix Law and Binsard Martine have launched a landmark legal challenge in France, challenging the use of Encrochat evidence against Irish Citizens, in the UK.

In a decision dated 17 November 2025, the Court of Cassation (France) agreed to immediately review the appeal filed by Mr Samuel McCaughey. This is an important decision that validates the relevance of the initiative to file an appeal in France against the investigations relating to Encrochat.

The central issue in this appeal challenges the legality of the collection of Encrochat data initially carried out as part of French proceedings and the legality of the transfer of this data from France to the United Kingdom, for the latter use in UK proceedings.

Mr Samuel McCaughey has been the subject of criminal proceedings since September 2020 before the Crown Court in Belfast, in proceedings based primarily on data captured on the Encrochat messaging service and attributed to him, which he disputes.

An appeal was lodged against this decision, and on 17 November 2025, the President of the Criminal Chamber of the Court of Cassation ruled that the appeal should be heard. While this does not prejudge the outcome of the appeal, it does validate the seriousness of the legal issues raised by Mr Samuel McCaughey’s defence.

This decision also comes in a context where, on 16 September 2025, the Court of Cassation, in a case raising similar legal issues (in respect of the use of Sky ECC devices), referred several preliminary questions to the Court of Justice of the European Union concerning the conformity of French law, which limits the right of appeal to persons involved in French criminal cases, with European Union law.

Notes to Editors :

Mr McCaughey is represented by Guillaume Martine (of Binsard Martine) and Darragh Mackin and Peter Corrigan (of Phoenix Law).

All media enquiries should be directed to media@phoenix-law.org and gm@binsard-martine.com .

On 6 March 2025, an appeal was lodged on behalf of Mr Samuel McCaughey before the Court of Appeal in Douai, France. The purpose of this appeal was to challenge both the legality of the collection of Encrochat data initially carried out as part of French proceedings and the legality of the transfer of this data from France to the United Kingdom.

On 3 September 2025, the president of the Douai Court of Appeal declared the appeal inadmissible on the grounds that French law does not provide for the possibility for a person prosecuted in criminal proceedings abroad to bring a case before a French judge challenging the legality of investigative measures initially carried out in the context of French proceedings, even though these investigations will subsequently form the basis for the prosecution of the person abroad.