The Republic of Mozambique v Credit Suisse International & Ors (Judgment No 14) [2025] EWHC 395 (Comm) (24 February 2025)

The Republic of Mozambique v Credit Suisse International & Ors (Judgment No 14) [2025] EWHC 395 (Comm) (24 February 2025)

The Privinvest Companies, having chosen to bring and maintain an additional claim against Ms Lucas without endorsing Mozambique's allegations and in the absence of a claim by Mozambique against her, must bear the costs of that claim. It would be unjust for Mozambique to pay those costs, as it refrained from bringing a claim against Ms Lucas. The just result is that the Privinvest Companies pay Ms Lucas' costs of the additional claim and related applications, subject to detailed assessment.

Citation
[2025] EWHC 395 (Comm)
Parties
Claimant: The Republic of Mozambique (acting through its Attorney General); Defendants: Credit Suisse International and Others; Defendants/part 20 Claimants: Privinvest Companies (Sixth to Tenth Defendants); Ninth Third Party: Ms Lucas
Jurisdiction
England and Wales
Judgment Date
24 February 2025
Procedural Posture
Commercial Court Multi Party Litigation With Part 20 Claim / Post Trial Costs Determination on Part 20 Claim
Outcome
Privinvest Companies to pay Ms Lucas' costs of the additional claim and related applications; no order for costs against Mozambique; payment on account ordered.
Legal Topics
Costs, Part 20 Claims, Multi Party Proceedings, Discretionary Costs Orders
Civil Procedure Commercial Law Costs Part 20 Claims Multi Party Proceedings Discretionary Costs Orders

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Parties

The Republic of Mozambique (acting through its Attorney General)

Claimant

Credit Suisse International and Others

Defendants

Privinvest Companies (Sixth to Tenth Defendants)

Defendants/part 20 Claimants

Ms Lucas

Ninth Third Party

Procedural Posture

Commercial Court Multi Party Litigation With Part 20 Claim / Post Trial Costs Determination on Part 20 Claim

Legal Issues

  1. 1 Who should bear the costs of the Part 20 claim brought by the Privinvest Companies against Ms Lucas?
  2. 2 Should Mozambique be liable for costs incurred by the Privinvest Companies in their additional claim against Ms Lucas?
  3. 3 What is the appropriate quantum and apportionment of costs payable to Ms Lucas?

Ratio Decidendi

The Privinvest Companies, having chosen to bring and maintain an additional claim against Ms Lucas without endorsing Mozambique's allegations and in the absence of a claim by Mozambique against her, must bear the costs of that claim. It would be unjust for Mozambique to pay those costs, as it refrained from bringing a claim against Ms Lucas. The just result is that the Privinvest Companies pay Ms Lucas' costs of the additional claim and related applications, subject to detailed assessment.

Court Disposition

Privinvest Companies to pay Ms Lucas' costs of the additional claim and related applications; no order for costs against Mozambique; payment on account ordered.

Orders

  • Privinvest Companies to pay Ms Lucas 50% of her costs from the date of service of the additional claim, subject to detailed assessment.
  • Privinvest Companies to pay Ms Lucas' full costs of the application to strike out the additional claim.