In The Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2026] EWCA Civ 1349, handed down on 21 October 2026, Lord Justice Miles, with whom Lady Justice Whipple and Lord Justice Males agreed, dismissed the appeal of Mrs Clara Martinez Thedy de Safa against the order of Robin Knowles J dated 16 June 2025.
Background
Mozambique sued Mr Safa, one of the founders of the Privinvest group, and group companies in 2019 over three projects to supply fishing vessels and related facilities. According to the judgment, the Republic alleged that the projects “were procured by the corruption of its officials”. Mr Safa gave evidence at the 2023 trial but died on 29 January 2024, before judgment.
In his main judgment of 29 July 2024, the judge held the Republic entitled to certain sums and indemnities against Mr Safa and the Privinvest companies, with Mr Safa’s liability co-extensive with theirs. A December 2024 order required the companies to pay about US$534 million plus interest of about US$40 million. No order was made against Mr Safa, as questions arising from his death had been reserved.
The Republic then applied to join Mrs Safa and her two sons as his heirs. It was common ground that Mr Safa was domiciled in Lebanon when he died. The sons later disclaimed their inheritance, confirmed by a Lebanese court on 2 June 2026, and their appeal was allowed by consent. Her counsel noted that there was no suggestion that Mrs Safa had “any knowledge or involvement in any of the wrongdoing which was found by the judge against Mr Safa” (at [43]). The Republic accepted that its pleading makes no allegations about her conduct (at [93]).
The Dicey rule on foreign personal representatives
Mrs Safa relied on Dicey, Morris and Collins Rule 160: “A foreign personal representative is not, as such, under any liability in England and cannot, as foreign personal representative, be sued in England.”
Miles LJ held that the claim was not barred by Rule 160. The uncontested Lebanese law evidence showed “no concept of an estate and no mandatory procedure under Lebanese law similar to administration of an estate”, with assets and liabilities passing to heirs automatically on death (at [77]). The claim against her was personal, not representative, so there was “no risk of interference with an administrative process properly subject to the jurisdiction of another supervising court” (at [78] and [80]).
Gateways and forum
Mrs Safa was a proper party under paragraph 3.1(3) of Practice Direction 6B, because Mr Safa’s liability was “an essential ingredient” of the claim against her (at [88]). The contract, tort and restitution gateways in paragraphs 3.1(6), (9) and (16) were also met, since none requires the particular defendant to have committed the underlying acts (at [94] to [96]).
The Republic seeks only a finding that Mrs Safa is liable in principle as successor, not a specific sum, a ruling on creditor priorities or payment from particular assets. Otherwise, Miles LJ said, he “would have found attraction” in the argument against joinder (at [89]).
On forum, the court declined to interfere with the judge’s evaluative decision (at [110] and [115]). Two Lebanese law questions appear to remain: whether an uncrystallised tort liability can pass to an heir, and whether a debt arising from a deceased person’s criminal conduct can do so. The court agreed with the judge that their resolution by the English court “should not be complex or difficult” (at [112] and [113]).
Next steps
In PIFSS [2025] EWCA Civ 1505 the Court of Appeal upheld service out on a deceased defendant’s heirs under Swiss law, but on Miles LJ’s reading only on the “Enforcement Basis” (at [40]). Here the court upheld both that basis and a “Substantive Basis”.
A further Commercial Court hearing is to settle the terms of the order against Mr Safa (at [61]). The Republic has accepted that Mrs Safa and Mr Akram Azoury, appointed to represent Mr Safa’s estate, may make submissions on its terms (at [62]).
Robert Howe KC and Andrew Holden, instructed by Forsters LLP, appeared for the appellants. Ciaran Keller KC, Jordan Holland and Akash Sonecha, instructed by Peters & Peters Solicitors LLP, appeared for the Republic.