The Republic of Mozambique v Credit Suisse International & Ors

The Republic of Mozambique v Credit Suisse International & Ors

It is not just, proportionate or necessary to strike out the Republic’s statements of case or claims, or debar it from defending, at this stage. The Republic remains in breach of some disclosure duties and court orders, but has undertaken further searches and remedial steps. The breaches are serious but improving, and the court is not satisfied that there is a substantial risk of an unfair trial at this point. All sanctions, including strike out and adverse inferences, remain available at trial if deficiencies persist.

Parties
Claimant/respondent: The Republic of Mozambique; Defendants/applicants: Credit Suisse International and Others; Defendants/applicants: CS Deal Team; Defendants/applicants: Privinvest Defendants and Mr Safa; Defendant/applicant: Ms Lucas; Defendant/applicant: VTBC; Defendant/applicant: VTBE; Defendants/applicants: Beauregarde Holdings LLP, Orobica Holdings LLC, VR Global Partners LP; Defendants/applicants: Banco Comercial Portugues SA, United Bank for Africa plc
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Court Proceedings / Ruling on Applications to Strike Out and Debar for Disclosure Failures, Pre Trial
Outcome
Applications to strike out and debar refused at this stage; all points remain available at trial.
Legal Topics
Disclosure, Strike Out Applications, State Immunity, Fair Trial, Case Management
Civil Procedure Commercial Law International Law Disclosure Strike Out Applications State Immunity Fair Trial Case Management

Case Brief

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Parties

The Republic of Mozambique

Claimant/respondent

Credit Suisse International and Others

Defendants/applicants

CS Deal Team

Defendants/applicants

Privinvest Defendants and Mr Safa

Defendants/applicants

Ms Lucas

Defendant/applicant

VTBC

Defendant/applicant

VTBE

Defendant/applicant

Beauregarde Holdings LLP, Orobica Holdings LLC, VR Global Partners LP

Defendants/applicants

Banco Comercial Portugues SA, United Bank for Africa plc

Defendants/applicants

Procedural Posture

Commercial Court Proceedings / Ruling on Applications to Strike Out and Debar for Disclosure Failures, Pre Trial

Legal Issues

  1. 1 Whether the Republic of Mozambique's failures in disclosure warrant striking out its claims and debarring it from defending preliminary issues
  2. 2 Whether breaches of disclosure duties and court orders jeopardise a fair trial
  3. 3 Whether the court should impose sanctions for non-compliance with disclosure orders

Ratio Decidendi

It is not just, proportionate or necessary to strike out the Republic’s statements of case or claims, or debar it from defending, at this stage. The Republic remains in breach of some disclosure duties and court orders, but has undertaken further searches and remedial steps. The breaches are serious but improving, and the court is not satisfied that there is a substantial risk of an unfair trial at this point. All sanctions, including strike out and adverse inferences, remain available at trial if deficiencies persist.

Court Disposition

Applications to strike out and debar refused at this stage; all points remain available at trial.

Orders

  • The Republic’s statements of case and claims are not struck out; it is not debarred from defending.
  • Disclosure duties of all parties are continuing.