Jurisdiction(s):
United Kingdom

Court of Appeal: English court clearly appropriate forum for migrant workers’ trafficking and forced labour claims against Dyson, applying Spiliada and highlighting domicile and funding barriers to justice in Malaysia

Published on: 03 January 2025

Published by a LexisNexis Dispute Resolution expert

Legal News

Article summary

What are the practical implications of this case?

Determining forum in a case of this nature requires the judge to weigh a spectrum of factors, any of which may indicate a more suitable jurisdiction. Reasonable evaluators can legitimately differ—both in how they assess specific evidence and in the importance they attach to competing considerations. On appeal, intervention is tightly confined: the appellate court will step in only if the first instance court has strayed in principle or reached a result outside the wide range within which fair disagreement is possible, and is therefore plainly wrong.

Considering matters that were irrelevant
Overlooking relevant matters
Arriving at a conclusion beyond the generous ambit of reasonable disagreement

In this case, multiple errors were identified. Consequently, the Court of Appeal considered it right to conduct its own assessment of the Spiliada criteria and to reach its own determination...

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