Dhan Kumar Limbu & Ors v Dyson Technology Limited & Ors

Dhan Kumar Limbu & Ors v Dyson Technology Limited & Ors

Malaysia is clearly and distinctly the more appropriate forum for the trial of the claims, as the centre of gravity is Malaysia, Malaysian law applies, and the alleged torts and harm occurred there. There is no real risk that substantial justice will not be obtainable in Malaysia, as legal representation and necessary funding are available through a combination of partial contingency fee arrangements, NGO support, and undertakings by the Dyson Defendants. The proceedings in England are stayed and service out on the Malaysian defendant is set aside.

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
11 October 2024
Procedural Posture
Civil / Jurisdictional Challenge—application for Stay and Setting Aside Service Out of Jurisdiction
Outcome
Stay of proceedings granted against D1 and D2; service out on D3 set aside; order of Master Gidden set aside.
Legal Topics
Forum Non Conveniens, Jurisdiction, Modern Slavery, Unjust Enrichment, Negligence, Group Litigation, Access to Justice
Private International Law Tort Law Labour Law Human Rights Forum Non Conveniens Jurisdiction Modern Slavery Unjust Enrichment +3 more

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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

Civil / Jurisdictional Challenge—application for Stay and Setting Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England or Malaysia is the appropriate forum for the trial of claims involving alleged forced labour and mistreatment of migrant workers in Malaysia by suppliers of Dyson Group companies
  2. 2 Whether there is a real risk that substantial justice would not be obtainable in Malaysia
  3. 3 Whether the claims against Dyson Defendants should be stayed in favour of proceedings in Malaysia

Ratio Decidendi

Malaysia is clearly and distinctly the more appropriate forum for the trial of the claims, as the centre of gravity is Malaysia, Malaysian law applies, and the alleged torts and harm occurred there. There is no real risk that substantial justice will not be obtainable in Malaysia, as legal representation and necessary funding are available through a combination of partial contingency fee arrangements, NGO support, and undertakings by the Dyson Defendants. The proceedings in England are stayed and service out on the Malaysian defendant is set aside.

Court Disposition

Stay of proceedings granted against D1 and D2; service out on D3 set aside; order of Master Gidden set aside.

Orders

  • Proceedings against Dyson Technology Limited and Dyson Limited are stayed.
  • Order for service out of jurisdiction on Dyson Manufacturing SDN BHD is set aside.