Limbu & Ors v Dyson Technology Ltd & Ors [2023] EWHC 2592 (KB) (19 October 2023)

Limbu & Ors v Dyson Technology Ltd & Ors [2023] EWHC 2592 (KB) (19 October 2023)

Malaysia is clearly and distinctly the proper forum for the trial of these claims. The alleged torts, relevant parties, and evidence are predominantly connected to Malaysia, and Malaysian law applies. The risk of irreconcilable judgments and duplicative proceedings is avoided by hearing all claims in Malaysia. The court is satisfied, on the evidence and undertakings provided, that there is no real risk that substantial justice will not be obtainable in Malaysia.

Citation
[2023] EWHC 2592 (KB)
Parties
Claimant: Dhan Kumar Limbu & 23 Others; Defendant: Dyson Technology Limited; Defendant: Dyson Limited; Defendant: Dyson Manufacturing SDN BHD
Jurisdiction
England and Wales
Judgment Date
19 October 2023
Procedural Posture
Jurisdictional Challenge in Tort and Unjust Enrichment Claims / Application for Stay and Setting Aside Service Out of Jurisdiction
Outcome
Stay granted; service out of jurisdiction set aside
Legal Topics
Forum Non Conveniens, Jurisdiction, Forced Labour, Negligence, Vicarious Liability, Unjust Enrichment, Group Litigation, Access to Justice
Private International Law Tort Law Employment Law Unjust Enrichment Forum Non Conveniens Jurisdiction Forced Labour Negligence +3 more

Case Brief

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Parties

Dhan Kumar Limbu & 23 Others

Claimant

Dyson Technology Limited

Defendant

Dyson Limited

Defendant

Dyson Manufacturing SDN BHD

Defendant

Procedural Posture

Jurisdictional Challenge in Tort and Unjust Enrichment Claims / Application for Stay and Setting Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England or Malaysia is the proper forum for the trial of the claims
  2. 2 Whether there is a real risk that substantial justice will not be obtainable in Malaysia
  3. 3 Whether the claims against all defendants can be suitably tried in a single jurisdiction

Ratio Decidendi

Malaysia is clearly and distinctly the proper forum for the trial of these claims. The alleged torts, relevant parties, and evidence are predominantly connected to Malaysia, and Malaysian law applies. The risk of irreconcilable judgments and duplicative proceedings is avoided by hearing all claims in Malaysia. The court is satisfied, on the evidence and undertakings provided, that there is no real risk that substantial justice will not be obtainable in Malaysia.

Court Disposition

Stay granted; service out of jurisdiction set aside

Orders

  • Proceedings against all Dyson Defendants stayed in England
  • Order for service out of jurisdiction on Dyson Manufacturing SDN BHD set aside