The ruling propels UK law enforcement to increase its investigative powers under POCA, and businesses to enhance their supply chain due diligence.
By Paul A. Davies, Clare Nida, Pamela Reddy, Michael D. Green, James Bee, Annie Birch, and Esha Marwaha
On 27 June 2024, the UK Court of Appeal found that the National Crime Agency’s (NCA’s) decision not to launch an investigation into the importation of cotton products originating from the Xinjiang Uyghur Autonomous
A court recently found that UK authorities did not fetter their discretion by not investigating general cotton imports potentially produced by the forced labour of Uyghur people in China.
By Stuart Alford KC, Clare Nida, Nathan Seltzer, Paul Davies, Michael Green, James Bee, and Esha Marwaha
Update (9 July 2024): The judgment referred to in this article was overturned by the UK Court of Appeal on 27 June 2024. For our analysis of the latest information and implications, please see our latest blog post.
On 20 January 2023, the High Court ruled against human rights campaigners who argued that UK authorities were improperly allowing the import of cotton textiles made in Xinjiang, a region of China associated with alleged human rights abuses against the Uyghur people. Approximately 85% of Chinese cotton is grown in the Xinjiang Uyghur Autonomous Region (XUAR), with the “vast majority” of cotton alleged to have been produced in facilities under conditions of “detention and prison labour”.[1]