Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales) holds England the proper forum for migrant workers’ forced labour claims against Dyson over Malaysian supplier

Published on: 16 December 2024

Published by a Law360 reporter

Legal News

Article summary

The Court of Appeal ruled that England was 'clearly and distinctly the appropriate forum'

Overturning the High Court’s earlier view that proceedings belonged in Malaysia, the appellate judges found that England is where the dispute should be tried. The claimants assert Dyson failed to act on reports that they had been trafficked and mistreated at a plant producing parts for its goods. Delivering the three-judge panel’s ruling, Justice Andrew Popplewell concluded the court below was wrong to treat the matter as closely tied to the Southeast Asian jurisdiction. He determined the case belongs in England because Dyson’s British company is ‘the principal protagonist’. He added that the pleaded breach—Dyson UK not ensuring policies were carried out in Malaysia, and not responding adequately to information about the abuse, whether known or reasonably knowable—concerns lapses by management in England and is said to have occurred chiefly in England, which therefore makes this the proper forum, and reflects the UK entity’s central role in the dispute...

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