Dhan Kumar Limbu & Ors v Dyson Technology Limited & Ors

Dhan Kumar Limbu & Ors v Dyson Technology Limited & Ors

England is clearly and distinctly the appropriate forum for the claims due to the inability of claimants to fund proceedings in Malaysia, the primacy of Dyson UK as defendant, practical convenience, equality of arms, and the connecting factors outweighing Malaysian law and location of harm.

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
Civil Appeal / Court of Appeal Judgment on Forum Non Conveniens and Access to Justice
Outcome
Appeal allowed; stay lifted; proceedings to continue in England.
Legal Topics
Forum Non Conveniens, Parent Company Liability, Modern Slavery, Negligence, Unjust Enrichment, False Imprisonment, Intimidation, Assault
Tort Law Private International Law Human Rights Law Forum Non Conveniens Parent Company Liability Modern Slavery Negligence Unjust Enrichment +3 more

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Parties

Dhan Kumar Limbu & others

Claimants/appellants

Dyson Technology Limited

Defendant/respondent

Dyson Limited

Defendant/respondent

Dyson Manufacturing Sdn Bhd

Defendant/respondent

Procedural Posture

Civil Appeal / 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 forced labour and abuse in Dyson's supply chain
  2. 2 Whether claimants can access substantial justice in Malaysia given funding and procedural barriers

Ratio Decidendi

England is clearly and distinctly the appropriate forum for the claims due to the inability of claimants to fund proceedings in Malaysia, the primacy of Dyson UK as defendant, practical convenience, equality of arms, and the connecting factors outweighing Malaysian law and location of harm.

Court Disposition

Appeal allowed; stay lifted; proceedings to continue in England.

Orders

  • Proceedings to continue in England.
  • Stay on English proceedings lifted.