THE REPUBLIC OF MOZAMBIQUE v CREDIT SUISSE INTERNATIONAL AND OTHERS

THE REPUBLIC OF MOZAMBIQUE v CREDIT SUISSE INTERNATIONAL AND OTHERS

The Republic of Mozambique has not complied with the Order of 23 November 2021 because it has not provided sufficient clarity and transparency regarding the enquiries made, responses received, and the basis for its non-admissions. The court requires the Republic to state whether it has had substantive replies from President Nyusi, whether those replies have been taken into account, and what steps will be taken to obtain such replies if not already received.

Parties
Claimant: The Republic of Mozambique; Defendants: Credit Suisse International and Others; Defendant: CS Deal Team; Defendant: Privinvest Defendants and Mr Iskandar Safa; Defendant: Ms Maria Isaltina Lucas; Defendant: VTB Capital Plc and VTB Bank (Europe) SE; Defendant: BCP, UBA and BIM; Defendant: Beauregarde Holdings LLP and Orobica Holdings LLP
Jurisdiction
England and Wales
Judgment Date
28 February 2022
Procedural Posture
Commercial Litigation / Interlocutory Application—compliance With Order for Further Information
Outcome
Further directions issued—Republic required to clarify compliance with previous order
Legal Topics
Pleading Standards, Disclosure Obligations, Attribution of Knowledge, Bribery and Corruption Allegations
Civil Procedure Commercial Law Pleading Standards Disclosure Obligations Attribution of Knowledge Bribery and Corruption Allegations

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Parties

The Republic of Mozambique

Claimant

Credit Suisse International and Others

Defendants

CS Deal Team

Defendant

Privinvest Defendants and Mr Iskandar Safa

Defendant

Ms Maria Isaltina Lucas

Defendant

VTB Capital Plc and VTB Bank (Europe) SE

Defendant

BCP, UBA and BIM

Defendant

Beauregarde Holdings LLP and Orobica Holdings LLP

Defendant

Procedural Posture

Commercial Litigation / Interlocutory Application—compliance With Order for Further Information

Legal Issues

  1. 1 Whether the Republic of Mozambique has complied with the court's order to provide full and proper responses to requests for further information regarding allegations of bribery and corruption
  2. 2 Whether the Republic is entitled to plead non-admissions based on lack of knowledge or attribution arguments
  3. 3 What level of enquiry and disclosure is required of the Republic in relation to allegations involving President Nyusi

Ratio Decidendi

The Republic of Mozambique has not complied with the Order of 23 November 2021 because it has not provided sufficient clarity and transparency regarding the enquiries made, responses received, and the basis for its non-admissions. The court requires the Republic to state whether it has had substantive replies from President Nyusi, whether those replies have been taken into account, and what steps will be taken to obtain such replies if not already received.

Court Disposition

Further directions issued—Republic required to clarify compliance with previous order

Orders

  • The Republic must state whether it has had substantive replies from President Nyusi and whether its responses take account of those replies.
  • If substantive replies have been received, the Republic must confirm it has not excluded them based on attribution arguments.