The Republic of Mozambique v Credit Suisse International And Others (No.10) [2023] EWHC 2215 (Comm) (04 September 2023)

The Republic of Mozambique v Credit Suisse International And Others (No.10) [2023] EWHC 2215 (Comm) (04 September 2023)

President Nyusi was not validly served until 14 April 2023 via the Mozambique Court, as prior attempts did not comply with Mozambican law. As a serving Head of State, he is entitled to immunity from the jurisdiction of the English courts in these proceedings, as the statutory exceptions to immunity do not extend to alleged commercial activities outside the United Kingdom unless a necessary statutory modification is established, which was not found.

Citation
[2023] EWHC 2215 (Comm)
Parties
Claimant: The Republic of Mozambique (acting through its Attorney General); Defendants: Credit Suisse International and Others; Fourth Party: Filipe Jacinto Nyusi
Jurisdiction
England and Wales
Judgment Date
04 September 2023
Procedural Posture
Civil/commercial / Interlocutory Judgment on Service and Immunity
Outcome
Immunity upheld; proceedings stayed against President Nyusi while he is Head of State.
Legal Topics
State Immunity, Head of State Immunity, Service Out of Jurisdiction, Civil Procedure Rules, Vienna Convention on Diplomatic Relations
Public International Law Civil Procedure State Immunity Head of State Immunity Service Out of Jurisdiction Civil Procedure Rules Vienna Convention on Diplomatic Relations

Case Brief

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Parties

The Republic of Mozambique (acting through its Attorney General)

Claimant

Credit Suisse International and Others

Defendants

Filipe Jacinto Nyusi

Fourth Party

Procedural Posture

Civil/commercial / Interlocutory Judgment on Service and Immunity

Legal Issues

  1. 1 Whether President Nyusi was validly served with proceedings prior to 14 April 2023
  2. 2 Whether President Nyusi, as a serving Head of State, is entitled to immunity from the jurisdiction of the English courts in respect of the claims against him

Ratio Decidendi

President Nyusi was not validly served until 14 April 2023 via the Mozambique Court, as prior attempts did not comply with Mozambican law. As a serving Head of State, he is entitled to immunity from the jurisdiction of the English courts in these proceedings, as the statutory exceptions to immunity do not extend to alleged commercial activities outside the United Kingdom unless a necessary statutory modification is established, which was not found.

Court Disposition

Immunity upheld; proceedings stayed against President Nyusi while he is Head of State.

Orders

  • President Nyusi is entitled to immunity from the jurisdiction of this Court in these proceedings while he is Head of State.
  • No further determination on other arguments was necessary.