The Republic of Mozambique v Credit Suisse International & Ors

The Republic of Mozambique v Credit Suisse International & Ors

Permission to appeal is refused because none of the six proposed grounds of appeal by the Privinvest Companies has a real prospect of success. The Court's findings on disclosure, Mozambican law, causation, limitation, quantum, and mitigation were supported by evidence and legal principles. The Court's calibrated response to disclosure failings, findings on civil liability for bribery, causation, limitation period, and quantum were justified and do not provide an arguable basis for appeal.

Parties
Claimant: The Republic of Mozambique (acting through its Attorney General); Defendants: Credit Suisse International and Others; Defendants: Privinvest Companies (Sixth to Tenth Defendants)
Jurisdiction
England and Wales
Judgment Date
12 October 2024
Procedural Posture
Commercial Civil Litigation / Application for Permission to Appeal After Trial Judgment
Outcome
Permission to appeal refused; conditional stay of enforcement granted pending application to Court of Appeal for permission to appeal.
Legal Topics
Disclosure Obligations, Civil Liability for Corruption, Limitation Periods, Causation and Quantum of Damages, Mitigation of Loss, Stay of Enforcement
Commercial Law Civil Procedure International Law Disclosure Obligations Civil Liability for Corruption Limitation Periods Causation and Quantum of Damages Mitigation of Loss +1 more

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Parties

The Republic of Mozambique (acting through its Attorney General)

Claimant

Credit Suisse International and Others

Defendants

Privinvest Companies (Sixth to Tenth Defendants)

Defendants

Procedural Posture

Commercial Civil Litigation / Application for Permission to Appeal After Trial Judgment

Legal Issues

  1. 1 Whether the Privinvest Companies have grounds for permission to appeal the trial judgment
  2. 2 Whether Mozambique's disclosure failings warranted striking out its case
  3. 3 Whether Mozambican law precluded civil liability for legal persons for bribery

Ratio Decidendi

Permission to appeal is refused because none of the six proposed grounds of appeal by the Privinvest Companies has a real prospect of success. The Court's findings on disclosure, Mozambican law, causation, limitation, quantum, and mitigation were supported by evidence and legal principles. The Court's calibrated response to disclosure failings, findings on civil liability for bribery, causation, limitation period, and quantum were justified and do not provide an arguable basis for appeal.

Court Disposition

Permission to appeal refused; conditional stay of enforcement granted pending application to Court of Appeal for permission to appeal.

Orders

  • Permission to appeal refused to the Privinvest Companies.
  • Stay of enforcement granted pending determination of application to Court of Appeal, conditional on payment of £20 million on account of costs.