The Republic of Mozambique v Credit Suisse International & Ors (Judgment No 14)

The Republic of Mozambique v Credit Suisse International & Ors (Judgment No 14)

It is just that the Privinvest Companies bear the costs of their additional claim against Ms Lucas, as they chose to bring the claim without endorsement of Mozambique's allegations and Mozambique did not bring a claim against Ms Lucas; Mozambique should not be liable for costs where it refrained from claiming against her.

Parties
Claimant: The Republic of Mozambique; Defendants: Credit Suisse International and Others; Defendants/part 20 Claimants: Privinvest Companies; Ninth Third Party: Ms Lucas
Jurisdiction
England and Wales
Judgment Date
24 February 2025
Procedural Posture
Commercial Court Claim With Part 20 Claim / Post Trial Costs Determination
Outcome
Privinvest Companies to pay Ms Lucas' costs of the additional claim and strike out application; no order against Mozambique; payment on account ordered.
Legal Topics
Costs, Third Party Proceedings, Part 20 Claims, Multi Party Litigation
Civil Procedure Commercial Law Costs Third Party Proceedings Part 20 Claims Multi Party Litigation

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Parties

The Republic of Mozambique

Claimant

Credit Suisse International and Others

Defendants

Privinvest Companies

Defendants/part 20 Claimants

Ms Lucas

Ninth Third Party

Procedural Posture

Commercial Court Claim With Part 20 Claim / Post Trial Costs Determination

Legal Issues

  1. 1 Who should bear the costs of the Part 20 claim brought by the Privinvest Companies against Ms Lucas?
  2. 2 Should Mozambique be liable for costs incurred by the Privinvest Companies in their additional claim against Ms Lucas?
  3. 3 Should Ms Lucas receive a payment on account of costs pending detailed assessment?

Ratio Decidendi

It is just that the Privinvest Companies bear the costs of their additional claim against Ms Lucas, as they chose to bring the claim without endorsement of Mozambique's allegations and Mozambique did not bring a claim against Ms Lucas; Mozambique should not be liable for costs where it refrained from claiming against her.

Court Disposition

Privinvest Companies to pay Ms Lucas' costs of the additional claim and strike out application; no order against Mozambique; payment on account ordered.

Orders

  • Privinvest Companies to pay 50% of Ms Lucas' costs from the date of service of the additional claim.
  • Privinvest Companies to pay Ms Lucas' costs of the strike out application.