THE REPUBLIC OF MOZAMBIQUE v CREDIT SUISSE INTERNATIONAL AND OTHERS

THE REPUBLIC OF MOZAMBIQUE v CREDIT SUISSE INTERNATIONAL AND OTHERS

The court has jurisdiction to order the Republic of Mozambique to identify which individuals from a specified list have been asked for consent to disclose documents from personal email accounts or devices, and to state where consent was given. This is a proportionate case management step and does not require prior determination of 'control' under Mozambique law. Where consent has been given, control is established for disclosure purposes. The court cannot, at this stage, make further orders compelling requests for consent or disclosure without evidence on Mozambique law regarding control.

Parties
Claimant: The Republic of Mozambique; Defendants: Credit Suisse International and Others
Jurisdiction
England and Wales
Judgment Date
30 November 2022
Procedural Posture
Civil Commercial Litigation / Interlocutory Application for Disclosure Orders
Outcome
Application granted in part, refused in part
Legal Topics
Disclosure Obligations, Control of Documents, Jurisdiction for Disclosure Orders, Foreign Law in Disclosure, Case Management
Civil Procedure Disclosure International Law Disclosure Obligations Control of Documents Jurisdiction for Disclosure Orders Foreign Law in Disclosure Case Management

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Parties

The Republic of Mozambique

Claimant

Credit Suisse International and Others

Defendants

Procedural Posture

Civil Commercial Litigation / Interlocutory Application for Disclosure Orders

Legal Issues

  1. 1 Whether the court has jurisdiction to order the Republic of Mozambique to identify individuals from whom it has sought consent to search personal email accounts/devices for disclosure purposes
  2. 2 Whether English law or Mozambique law governs the issue of 'control' over documents held by employees or officials
  3. 3 Whether the court can make preparatory or case management orders in the absence of established control

Ratio Decidendi

The court has jurisdiction to order the Republic of Mozambique to identify which individuals from a specified list have been asked for consent to disclose documents from personal email accounts or devices, and to state where consent was given. This is a proportionate case management step and does not require prior determination of 'control' under Mozambique law. Where consent has been given, control is established for disclosure purposes. The court cannot, at this stage, make further orders compelling requests for consent or disclosure without evidence on Mozambique law regarding control.

Court Disposition

Application granted in part, refused in part

Orders

  • The Republic of Mozambique must identify each individual from the Credit Suisse list from whom it has sought consent to search and disclose relevant documents on personal email accounts or devices.
  • The Republic must state the response of each such individual where consent was given.