The Republic of Mozambique v Credit Suisse International & Ors [2023] EWHC 1650 (Comm) (03 July 2023)

The Republic of Mozambique v Credit Suisse International & Ors [2023] EWHC 1650 (Comm) (03 July 2023)

The Republic of Mozambique remains in serious and declared breach of its disclosure obligations regarding the Office of the President and SISE. Despite further steps, the breaches have not been remedied, are serious and wilful, and jeopardise the fairness of the proceedings. However, at this interlocutory stage, the court determines that striking out the Republic's claims or debarring its defence is not yet proportionate or necessary. The applications to strike out are refused, but the Republic is put on clear notice that unless full compliance is achieved, the court will consider such sanctions at or before trial.

Citation
[2023] EWHC 1650 (Comm)
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 and VR Global Partners LP; Defendants/applicants: Banco Comercial Portugues SA, United Bank for Africa plc
Jurisdiction
England and Wales
Judgment Date
03 July 2023
Procedural Posture
Commercial Court Proceedings (multiple Sets, Including Republic Proceedings and Immunity Proceedings) / Interlocutory Application—applications to Strike Out Claims and Debar Defence for Disclosure Failures Prior to Scheduled Trial
Outcome
Applications to strike out and debar refused at this stage; Republic warned of consequences of continued non-compliance.
Legal Topics
Disclosure Obligations, State Immunity, Sanctions for Non Compliance, Fair Trial, Case Management, Arbitration Stays
Civil Procedure Commercial Law International Law Disclosure Obligations State Immunity Sanctions for Non Compliance Fair Trial Case Management +1 more

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 and VR Global Partners LP

Defendants/applicants

Banco Comercial Portugues SA, United Bank for Africa plc

Defendants/applicants

Procedural Posture

Commercial Court Proceedings (multiple Sets, Including Republic Proceedings and Immunity Proceedings) / Interlocutory Application—applications to Strike Out Claims and Debar Defence for Disclosure Failures Prior to Scheduled Trial

Legal Issues

  1. 1 Whether the Republic of Mozambique has complied with its disclosure obligations, particularly regarding the Office of the President and SISE
  2. 2 Whether failures in disclosure justify striking out the Republic's claims and debarring its defence in related proceedings
  3. 3 Whether the breaches are serious, wilful, and jeopardise a fair trial

Ratio Decidendi

The Republic of Mozambique remains in serious and declared breach of its disclosure obligations regarding the Office of the President and SISE. Despite further steps, the breaches have not been remedied, are serious and wilful, and jeopardise the fairness of the proceedings. However, at this interlocutory stage, the court determines that striking out the Republic's claims or debarring its defence is not yet proportionate or necessary. The applications to strike out are refused, but the Republic is put on clear notice that unless full compliance is achieved, the court will consider such sanctions at or before trial.

Court Disposition

Applications to strike out and debar refused at this stage; Republic warned of consequences of continued non-compliance.

Orders

  • Republic to achieve full compliance with disclosure obligations, particularly regarding the Office of the President and SISE, or face potential strike out or debarring at or before trial.
  • Further case management directions to be considered at the pre-trial review.