UK Supreme Court denies permission to challenge jurisdiction in novel supply chain proceedings involving factory workers in Malaysia

In early May 2025, the UK Supreme Court denied a request for permission to appeal made by the Dyson Group in respect of the Court of Appeal’s December 2024 decision that England is “clearly and distinctly” the proper forum for the case against them to be tried. The case concerns allegations of forced labour in Dyson’s supply chain in Malaysia. 

In earlier proceedings, Dyson had argued that Malaysia was clearly the more appropriate jurisdiction for the case to be tried, an argument which had succeeded at first instance but failed before the Court of Appeal. For more information on the facts of the underlying claim and the court’s reasoning in both the first instance decision and in the Court of Appeal, see our previous blog posts here and here.

A panel of three Supreme Court judges denied permission to appeal on the basis that the case does not raise a point of law of general public importance. The Supreme Court’s refusal of permission is recorded here. 

As a result of this decision, subject to any further preliminary challenges, the substantive claim against Dyson will now proceed in England with Malaysian law governing certain aspects of the claim (and subject to expert evidence). 

Jurisdiction challenges always turn on the specific facts of the particular case in which the challenge is being raised. However, the Court of Appeal decision in Dyson is likely to be cited in future challenges where similar factors are at play, for example where it is not possible for claimants to obtain litigation funding in the ‘foreign’ alternative jurisdiction. This factor was given a significant amount of weight by the Court of Appeal on the basis that it is particularly important to ensure “equality of arms” between claimants and defendants in cases involving allegations of very serious human rights abuses. 

Linklaters frequently advises clients on jurisdiction challenges in this type of claim. If you have any questions about the Supreme Court’s decision, or supply chain litigation more generally, please do get in touch with one of the named Key Contacts.