Case - United Kingdom - Limbu and others v Dyson

Limbu and others v Dyson

Summary of facts

In 2022, a lawsuit was filed against Dyson in the High Court in London for negligence, joint liability, and unjust enrichment regarding allegedly exploitative and dangerous working and living conditions in factories in Johor, Malaysia.

The claimants consisted of 23 Nepalese and Bangladeshi migrant workers and the representative of a deceased 24th one. They were employed by ATA Industrial/Jacbo Filter Systems (ATA/J) for various periods between 2011 and 2022 to manufacture Dyson products. During their time at the factories, they were allegedly subjected to forced labour. Among others, they were forced to work substantial overtime, had to achieve onerous production targets or face punishments including intimidation and physical violence, were not paid the mandatory minimum wage, and were forced to live in degrading accommodation. Dyson allegedly exerted a high degree of control over the manufacturing operations and working conditions at the factory. The claimants allege that (1) Dyson is liable for negligence, (2) Dyson is jointly liable for false imprisonment, intimidation, assault and battery, and (3) Dyson has been unjustly enriched at the expense of the claimants.

The court stayed the proceedings because Malaysia is the better forum to bring the case. It is unclear whether the claimants will appeal this decision.


2023 High Court (King's Bench Division)

Applicable Law
Issue(s) prior to law

Jurisdiction: Whether the trial should take place in England or Malaysia. This depends on a two-stage test

  • Stage 1: Determine which forum is more appropriate
  • Stage 2: If Malaysia is the more appropriate forum, whether there is a real risk that substantial justice will not be obtainable
Ruling / Outcome

The Court ruled that the proceedings should be brought in Malaysia

  • Weighing all the factors, Malaysia is the better forum.
  • There is no real risk that substantial justice is not available
Court case

Dhan Kumar Limur & 23 Others v Dyson Technology Limited, Dyson Limited and Dyson Manufacturing SDN BHD

United Kingdom
May 27, 2022
Status: Ongoing