Limbu & Ors v Dyson Technology Ltd & Ors [2024] EWCA Civ 1564 (13 December 2024)

Limbu & Ors v Dyson Technology Ltd & Ors [2024] EWCA Civ 1564 (13 December 2024)

The judge below erred in principle by failing to give due weight to the domicile and central role of Dyson UK, the coordination of defence from England, and the likely focus of trial on acts and omissions in England. The judge also erred in assessing the risk of inconsistent judgments with defamation proceedings and in relying on undertakings regarding access to justice in Malaysia, which were inadequate and created conflicts of interest. The Court of Appeal finds that England is the appropriate forum and that there is a real risk the claimants would be unable to access substantial justice in Malaysia.

Citation
[2024] EWCA Civ 1564
Parties
Claimants/appellants: Dhan Kumar Limbu & others; Defendant/respondent: Dyson Technology Limited; Defendant/respondent: Dyson Limited; Defendant/respondent: Dyson Manufacturing Sdn Bhd
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Forum Non Conveniens and Access to Justice
Outcome
Appeal allowed
Legal Topics
Forum Non Conveniens, Parent Company Liability, Trafficking and Forced Labour, Access to Justice, Negligence, False Imprisonment, Intimidation, Assault, Unjust Enrichment
Private International Law Tort Law Labour Law Human Rights Forum Non Conveniens Parent Company Liability Trafficking and Forced Labour Access to Justice +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dhan Kumar Limbu & others

Claimants/appellants

Dyson Technology Limited

Defendant/respondent

Dyson Limited

Defendant/respondent

Dyson Manufacturing Sdn Bhd

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Forum Non Conveniens and Access to Justice

Legal Issues

  1. 1 Whether England or Malaysia is the appropriate forum for claims of trafficking, forced labour, and related torts against Dyson group companies
  2. 2 Whether there is a real risk that claimants would be unable to access substantial justice in Malaysia

Ratio Decidendi

The judge below erred in principle by failing to give due weight to the domicile and central role of Dyson UK, the coordination of defence from England, and the likely focus of trial on acts and omissions in England. The judge also erred in assessing the risk of inconsistent judgments with defamation proceedings and in relying on undertakings regarding access to justice in Malaysia, which were inadequate and created conflicts of interest. The Court of Appeal finds that England is the appropriate forum and that there is a real risk the claimants would be unable to access substantial justice in Malaysia.

Court Disposition

Appeal allowed

Orders

  • Stay of proceedings in England set aside
  • Claims to proceed in England