Republic of Mozambique v Credit Suisse International & Ors (No. 13: Application by Privinvest Companies for Permission to Appeal) [2024] EWHC 3188 (Comm) (10 December 2024)

Republic of Mozambique v Credit Suisse International & Ors (No. 13: Application by Privinvest Companies for Permission to Appeal) [2024] EWHC 3188 (Comm) (10 December 2024)

Permission to appeal refused as none of the six proposed grounds had real prospect of success; disclosure failings addressed by adverse inferences and calibrated response; Mozambican law imposes civil liability for bribery regardless of criminal liability; limitation period not expired as bribery was discovered in 2018; Mozambique acted reasonably in mitigation and settlements; Mozambique did not benefit from assets/services under Supply Contracts.

Citation
[2024] EWHC 3188 (Comm)
Parties
Claimant: The Republic of Mozambique (acting through its Attorney General); Defendants: Credit Suisse International and Others; Defendants: Privinvest Companies (Sixth to Tenth Defendants)
Jurisdiction
England and Wales
Judgment Date
10 December 2024
Procedural Posture
Commercial Court Trial and Post Trial Application / Application for Permission to Appeal and Stay of Enforcement
Outcome
Permission to appeal refused; stay of enforcement granted conditionally
Legal Topics
Abuse of Process, Disclosure Obligations, Civil Liability, Bribery, Corruption, Causation, Limitation, Quantum, Mitigation, Mozambican Law, Stay of Enforcement
Commercial Law Civil Procedure International Law Abuse of Process Disclosure Obligations Civil Liability Bribery Corruption +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Republic of Mozambique (acting through its Attorney General)

Claimant

Credit Suisse International and Others

Defendants

Privinvest Companies (Sixth to Tenth Defendants)

Defendants

Procedural Posture

Commercial Court Trial and Post Trial Application / Application for Permission to Appeal and Stay of Enforcement

Legal Issues

  1. 1 Whether Mozambique's disclosure failings warranted striking out its case
  2. 2 Whether Mozambican law imposes civil liability for bribery by legal persons
  3. 3 Whether limitation period bars Mozambique's claims

Ratio Decidendi

Permission to appeal refused as none of the six proposed grounds had real prospect of success; disclosure failings addressed by adverse inferences and calibrated response; Mozambican law imposes civil liability for bribery regardless of criminal liability; limitation period not expired as bribery was discovered in 2018; Mozambique acted reasonably in mitigation and settlements; Mozambique did not benefit from assets/services under Supply Contracts.

Court Disposition

Permission to appeal refused; stay of enforcement granted conditionally

Orders

  • Permission to appeal refused
  • Stay of enforcement pending determination of application to Court of Appeal for permission to appeal, conditional on payment of £20 million on account of costs