The Republic of Mozambique (acting through its Attorney General) v Credit Suisse International & Ors

The Republic of Mozambique (acting through its Attorney General) v Credit Suisse International & Ors

President Nyusi was properly served only in 2023 through the Mozambique Court; he is entitled to claim immunity as Head of State under section 20 of the State Immunity Act 1978, and the commercial activity exception does not apply to activities outside the UK. Thus, he has immunity from the jurisdiction of this Court while serving as Head of State.

Parties
Claimant: The Republic of Mozambique (acting through its Attorney General); Defendants: Credit Suisse International and Others; Fourth Party: Filipe Jacinto Nyusi; Defendants: Privinvest Shipbuilding SAL (Holding) and Others
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil/commercial Litigation / Interlocutory Judgment on Service and Immunity
Outcome
President Nyusi has immunity from the jurisdiction of this Court while he is Head of State; service was valid only in 2023; other arguments not determined.
Legal Topics
Service Out of Jurisdiction, Head of State Immunity, Commercial Activity Exception, Vienna Convention, State Immunity Act 1978
International Law State Immunity Civil Procedure Service Out of Jurisdiction Head of State Immunity Commercial Activity Exception Vienna Convention State Immunity Act 1978

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

Privinvest Shipbuilding SAL (Holding) and Others

Defendants

Procedural Posture

Civil/commercial Litigation / Interlocutory Judgment on Service and Immunity

Legal Issues

  1. 1 Was President Nyusi properly served in 2021 or only in 2023?
  2. 2 Is President Nyusi entitled to immunity from the jurisdiction of the English court as a serving Head of State?
  3. 3 Does the commercial activity exception to immunity apply to activities outside the UK?

Ratio Decidendi

President Nyusi was properly served only in 2023 through the Mozambique Court; he is entitled to claim immunity as Head of State under section 20 of the State Immunity Act 1978, and the commercial activity exception does not apply to activities outside the UK. Thus, he has immunity from the jurisdiction of this Court while serving as Head of State.

Court Disposition

President Nyusi has immunity from the jurisdiction of this Court while he is Head of State; service was valid only in 2023; other arguments not determined.

Orders

  • President Nyusi's immunity challenge is upheld.
  • Claims against President Nyusi in these proceedings are barred while he is Head of State.