The Republic of Mozambique v Credit Suisse International & Ors.

The Republic of Mozambique v Credit Suisse International & Ors.

It is lawful under Mozambican law for the relevant authority to designate individual solicitors at Peters & Peters as 'need-to-know' for the purpose of reviewing classified documents for disclosure in these proceedings. The law does not prohibit such designation, and the decision is a matter of discretion for the competent authority, subject to consideration of the public interests protected by state secrecy.

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 Civil Litigation / Interlocutory Application for Determination of Questions of Foreign Law Relevant to Disclosure
Outcome
Declaration granted on first question; second question adjourned
Legal Topics
Disclosure Obligations, State Secrecy, Foreign Law Evidence, Legal Professional Access to Classified Documents
Civil Procedure International Law Conflict of Laws Disclosure Obligations State Secrecy Foreign Law Evidence 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 Civil Litigation / Interlocutory Application for Determination of Questions of Foreign Law Relevant to Disclosure

Legal Issues

  1. 1 Whether it is unlawful under Mozambican law to designate foreign solicitors as 'need-to-know' for access to classified documents for disclosure in English proceedings
  2. 2 Whether there is a real risk of prosecution in Mozambique if such designation is made

Ratio Decidendi

It is lawful under Mozambican law for the relevant authority to designate individual solicitors at Peters & Peters as 'need-to-know' for the purpose of reviewing classified documents for disclosure in these proceedings. The law does not prohibit such designation, and the decision is a matter of discretion for the competent authority, subject to consideration of the public interests protected by state secrecy.

Court Disposition

Declaration granted on first question; second question adjourned

Orders

  • Declaration that it is lawful under Mozambican law to designate individual solicitors at Peters & Peters as 'need-to-know' for access to classified documents for disclosure in these proceedings
  • Adjournment of the question whether there is a real risk of prosecution in Mozambique if such designation is made