The Republic of Mozambique v Credit Suisse International & Ors

The Republic of Mozambique v Credit Suisse International & Ors

The CS Deal Team failed to demonstrate a real risk of serious prejudice or injustice justifying a stay or broad collateral use immunity. The court will only make limited collateral use orders binding the Republic, as agreed, and will address specific PSI concerns document-by-document if and when they arise. The evidence does not support a finding that the Republic would misuse disclosed material or that the proceedings are being used as a proxy for criminal prosecution.

Parties
Claimant: The Republic of Mozambique; Defendants: Credit Suisse International and Others; Defendants: CS Deal Team (Third to Fifth Defendants); Defendants: Privinvest Defendants and Mr Iskandar Safa; Defendant: Ms Maria Isaltina Lucas; Defendants: BCP, UBA and BIM; Defendants: Beauregarde Holdings LLP and Orobica Holdings LLP
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Civil Commercial / Interlocutory Application Ruling
Outcome
Applications dismissed in substantial part; limited collateral use orders made by agreement and binding only the Republic; no stay of proceedings or disclosure obligations; no declaration or confidentiality ring granted.
Legal Topics
Privilege Against Self Incrimination, Stay of Proceedings, Collateral Use Immunity, Disclosure, Fair Trial Rights
Civil Procedure International Law Human Rights Privilege Against Self Incrimination Stay of Proceedings Collateral Use Immunity Disclosure Fair Trial Rights

Case Brief

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Parties

The Republic of Mozambique

Claimant

Credit Suisse International and Others

Defendants

CS Deal Team (Third to Fifth Defendants)

Defendants

Privinvest Defendants and Mr Iskandar Safa

Defendants

Ms Maria Isaltina Lucas

Defendant

BCP, UBA and BIM

Defendants

Beauregarde Holdings LLP and Orobica Holdings LLP

Defendants

Procedural Posture

Civil Commercial / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the CS Deal Team is entitled to a declaration protecting privilege against self-incrimination (PSI) in relation to disclosure and evidence in these proceedings due to parallel criminal proceedings in Mozambique and Lebanon.
  2. 2 Whether the court should grant 'use immunity' or collateral use restrictions over documents and statements disclosed by the CS Deal Team.
  3. 3 Whether the proceedings or disclosure obligations should be stayed due to risk of unfair trial or prejudice in foreign criminal proceedings.

Ratio Decidendi

The CS Deal Team failed to demonstrate a real risk of serious prejudice or injustice justifying a stay or broad collateral use immunity. The court will only make limited collateral use orders binding the Republic, as agreed, and will address specific PSI concerns document-by-document if and when they arise. The evidence does not support a finding that the Republic would misuse disclosed material or that the proceedings are being used as a proxy for criminal prosecution.

Court Disposition

Applications dismissed in substantial part; limited collateral use orders made by agreement and binding only the Republic; no stay of proceedings or disclosure obligations; no declaration or confidentiality ring granted.

Orders

  • Limited collateral use restrictions on documents/statements disclosed by the CS Deal Team, binding only the Republic, with liberty to apply.
  • All other applications by the CS Deal Team dismissed.