Privinvest Shipbuilding SAL (Holding) & Ors v Filipe Jacinto Nyusi
[2024] EWCA Civ 184
The Republic of Mozambique (acting through its Attorney General) v Credit Suisse International & Ors
4 September 2023
[2023] EWHC 2215 (Comm)
High Court
A company sued the President of Mozambique in a UK court. The court said the President is protected by immunity from lawsuits in other countries, unless it's about business he did in the UK itself, which it wasn't. So the lawsuit can't go ahead.
Key Facts
- •President Nyusi of Mozambique was sued in the UK Commercial Court by the Privinvest Defendants for contribution as an alleged joint tortfeasor or a party to an alleged unlawful means conspiracy and deceit.
- •The alleged activity occurred outside the UK, primarily before Nyusi became president, and not in his official capacity.
- •The Privinvest Defendants attempted service on President Nyusi on October 19, 2021, and again on April 14, 2023.
- •President Nyusi claimed immunity from the UK court's jurisdiction as a serving Head of State.
- •The case involved interpreting the State Immunity Act 1978 and the Diplomatic Privileges Act 1964, in relation to the Vienna Convention on Diplomatic Relations.
Legal Principles
Service of documents on individuals outside the UK must comply with the laws of the country where service is effected.
CPR 6.40(3)(c), CPR 6.40(4), CPR 6.42
Heads of State enjoy immunity from the jurisdiction of foreign courts, except for narrow exceptions.
State Immunity Act 1978, s. 20; Diplomatic Privileges Act 1964; Vienna Convention on Diplomatic Relations, Articles 31, 39
The interpretation of statutory provisions related to head of state immunity must, as far as possible, accord with public international law.
Apex Global Management Ltd v Fi Call Ltd, Pinochet (No 3), Benkharbouche v Embassy of the Republic of Sudan, Basfar v Wong
The commercial activity exception to head of state immunity applies to activity within the receiving state, not worldwide.
Vienna Convention, Article 31(1)(c)
Outcomes
Service on President Nyusi was validly effected on April 14, 2023.
The method used complied with Mozambican law, and the earlier attempt at service was insufficient.
President Nyusi is entitled to immunity from the jurisdiction of the UK court.
The court found no 'necessary modification' under the State Immunity Act 1978 to remove the territorial restriction of the commercial activity exception to diplomatic immunity in Article 31(1)(c) of the Vienna Convention. The President's actions were not within the narrow exceptions.
Similar Cases
Border Timbers Limited & Anor v Republic of Zimbabwe
[2024] EWHC 58 (Comm)
Louis Emovbira Williams v Federal Government of Nigeria & Anor
[2023] EWHC 3282 (Comm)
UK P&I Club NV v República Bolivariana De Venezuela
[2023] EWCA Civ 1497
Republic of Mozambique (acting through its Attorney General) v Privinvest Shipbuilding SAL (Holding) and others
[2023] UKSC 32