Limbu & Ors v Dyson Technology Ltd & Ors [2026] EWHC 38 (KB) (14 January 2026)

Limbu & Ors v Dyson Technology Ltd & Ors [2026] EWHC 38 (KB) (14 January 2026)

The court rejects the defendants' proposal for a preliminary issues trial on assumed facts, finding it would risk injustice, delay, and inefficiency. Instead, the court orders immediate identification of lead claimants and a split trial of all liability issues (excluding unjust enrichment and quantum) for those lead claims, to be determined on actual evidence. The claim in unjust enrichment is excluded from the liability trial and will be addressed at the quantum stage. Permission is granted for expert evidence on Malaysian law, but not for oral expert evidence at this stage. The court will hear further submissions on the number and selection of lead claimants at the adjourned case...

Citation
[2026] EWHC 38 (KB)
Parties
Claimants: Dhan Kumar Limbu and 23 others; Defendant: Dyson Technology Limited; Defendant: Dyson Limited; Defendant: Dyson Manufacturing SDN BHD
Jurisdiction
England and Wales
Judgment Date
14 January 2026
Procedural Posture
Civil Group Action (tort, Employment, Unjust Enrichment) / Case Management Conference; Directions on Trial Structure and Pleadings
Outcome
Directions given; split trial of liability (excluding unjust enrichment and quantum) ordered for lead claimants; identification of lead claimants to proceed; expert evidence on Malaysian law permitted; unjust enrichment claim deferred; strike-out and amendment applications to be addressed separately.
Legal Topics
Negligence, Intentional Torts, Unjust Enrichment, Case Management, Split Trials, Preliminary Issues, Jurisdiction, Access to Justice, Group Litigation
Tort Law Employment Law Private International Law Civil Procedure Negligence Intentional Torts Unjust Enrichment Case Management +5 more

Case Brief

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Parties

Dhan Kumar Limbu and 23 others

Claimants

Dyson Technology Limited

Defendant

Dyson Limited

Defendant

Dyson Manufacturing SDN BHD

Defendant

Procedural Posture

Civil Group Action (tort, Employment, Unjust Enrichment) / Case Management Conference; Directions on Trial Structure and Pleadings

Legal Issues

  1. 1 Whether to order split trials of liability and quantum or preliminary issues on assumed facts
  2. 2 When and how to identify lead claimants
  3. 3 Appropriate scope and timing of expert evidence

Ratio Decidendi

The court rejects the defendants' proposal for a preliminary issues trial on assumed facts, finding it would risk injustice, delay, and inefficiency. Instead, the court orders immediate identification of lead claimants and a split trial of all liability issues (excluding unjust enrichment and quantum) for those lead claims, to be determined on actual evidence. The claim in unjust enrichment is excluded from the liability trial and will be addressed at the quantum stage. Permission is granted for expert evidence on Malaysian law, but not for oral expert evidence at this stage. The court will hear further submissions on the number and selection of lead claimants at the adjourned case...

Court Disposition

Directions given; split trial of liability (excluding unjust enrichment and quantum) ordered for lead claimants; identification of lead claimants to proceed; expert evidence on Malaysian law permitted; unjust enrichment claim deferred; strike-out and amendment applications to be addressed separately.

Orders

  • Lead claimants to be identified; parties to make submissions on number and selection at adjourned CMC.
  • Trial of all liability issues (negligence, false imprisonment, intimidation, assault, battery) for lead claimants ordered.