Republic of Mozambique v Credit Suisse International & Ors (No. 6) [2023] EWHC 91 (Comm) (20 January 2023)

Republic of Mozambique v Credit Suisse International & Ors (No. 6) [2023] EWHC 91 (Comm) (20 January 2023)

It is not unlawful under Mozambican law for the competent authority to designate specific foreign solicitors as 'need-to-know' for the purpose of reviewing classified documents in the context of English disclosure, provided the exercise of discretion considers the relevant public interests and appropriate safeguards are in place. The law does not impose a categorical prohibition on such designation.

Citation
[2023] EWHC 91 (Comm)
Parties
Claimant: The Republic of Mozambique; Defendants: Credit Suisse International and Others
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Commercial Court Litigation / Interlocutory Judgment on Disclosure and Mozambican Law Issues
Outcome
Declaration granted; it is not unlawful under Mozambican law to designate foreign solicitors as 'need-to-know' for disclosure purposes, subject to discretion and safeguards.
Legal Topics
Disclosure Obligations, State Secrecy, Cross Border Litigation, Legal Professional Access to Classified Documents
Civil Procedure International Law Public Law Disclosure Obligations State Secrecy Cross Border Litigation Legal Professional Access to Classified Documents

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Parties

The Republic of Mozambique

Claimant

Credit Suisse International and Others

Defendants

Procedural Posture

Commercial Court Litigation / Interlocutory Judgment on Disclosure and Mozambican Law Issues

Legal Issues

  1. 1 Whether Mozambican law prohibits the designation of foreign solicitors as 'need-to-know' for access to classified documents for English disclosure purposes
  2. 2 Whether there is a real risk of prosecution in Mozambique if such designation occurs

Ratio Decidendi

It is not unlawful under Mozambican law for the competent authority to designate specific foreign solicitors as 'need-to-know' for the purpose of reviewing classified documents in the context of English disclosure, provided the exercise of discretion considers the relevant public interests and appropriate safeguards are in place. The law does not impose a categorical prohibition on such designation.

Court Disposition

Declaration granted; it is not unlawful under Mozambican law to designate foreign solicitors as 'need-to-know' for disclosure purposes, subject to discretion and safeguards.

Orders

  • The Court declares that Mozambican law does not prohibit the competent authority from designating specific foreign solicitors as 'need-to-know' for access to classified documents for the purposes of English disclosure.
  • The position must be kept under continuing review in light of ongoing disclosure duties.