Limbu and others (Respondents) v Dyson Technology Limited and others (Appellants)

Case summary

Case ID

UKSC/2025/0019

Parties

Appellant(s)

Dyson Tech, Dyson Limited, Dyson Manufacturing

Respondent(s)

Dhan Kumar Limbu and 23 others

Issue

Whether England or Malaysia is the appropriate forum in which to determine the Respondents’ claims.

Facts

This appeal concerns Nepali and Bangladeshi migrant workers who have brought claims against three companies in the Dyson group, alleging that they were trafficked to Malaysia and subjected to conditions including force labour, assault and false imprisonment, during the course of manufacturing components and parts for the Dyson group between 2011 and 2022. During the relevant time, the Respondents were employed by two Malaysian companies (“ATA/J”), which had contracted with the third Appellant, Dyson Manufacturing Sdn Bhd, to supply it with goods as part of its supply chain. This appeal is not about the merits of the workers’ claims, but rather whether England or Malaysia is the appropriate forum (ie. the proper place) in which the claims can and/or should be determined. The first and second Appellants, Dyson Technology Limited and Dyson Limited, are English companies. The Respondents commenced proceedings against the English companies in England. However, the English companies sought a stay of proceedings on the grounds that England was not the appropriate forum to determine the claims. The third Appellant, Dyson Manufacturing Sdn Bhd, a Malaysian company, was joined to the proceedings on the basis that it is a necessary and proper party to the claims. The Respondents have also indicated their intent to join the Malaysian employer, ATA/J, to proceedings. In the High Court, Clive Sheldon KC concluded that Malaysia was the more appropriate forum for the claims to be heard. The Court of Appeal overturned this decision, holding that England was the appropriate forum. The Appellants now appeal to the UKSC

Date of issue

10 February 2025

Case origin

PTA

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