Users of collective redress mechanisms may have been following the Kenyan tea pickers group action currently making its way through the Scottish courts.
The latest judgment has rejected the defender employer’s attempt to have the case thrown out on jurisdiction and forum non conveniens grounds.
This significant group action, a mass claim for personal injuries, will now proceed in Scotland (subject to any appeal). It confirms the litigation risk for corporates with any presence in Scotland.
To recap, the case is brought by 1,000+ Kenyan tea pickers who work on a tea plantation in Kenya. The workers allege musclo-skeletal injuries arising from their work. The action is being taken against their employer of record, a Scottish domiciled company within the Swire Group.
A judgment was issued last week following a three-week hearing on jurisdiction.
The company failed to have the claims dismissed on jurisdiction or forum non conveniens grounds. This significant case will therefore now proceed in Scotland, subject to any appeal that may be made.
This will no doubt be a very costly decision for the company, and one that it clearly took great pains to avoid – such is obvious from the range and nature of the expert witnesses employed to try to persuade the court of its position, all of whom had to be flown into Scotland to give evidence.
This latest development is notable given it confirms the litigation risk of a group claim proceeding in Scotland against companies with any presence in Scotland.
It is also useful given the relative novelty of the group procedure mechanism in Scotland - this is one of only three live formal group actions in Scotland -, as well as to see the approach of the courts on issues of forum non conveniens and the focus on access to justice.
Key takeaways
The jurisdiction battle involved detailed examination of Kenyan employment legislation and a statutory scheme set up to administer industrial disease claims made by Kenyan workers.
Broadly, however, there are some clear lessons of more general application to companies operating across multiple jurisdictions. To find out more, read our full article here.
