Challenging The Use Of Anchor Defendants In UK Litigation

Law360 (September 9, 2020, 5:20 PM EDT) -- The summer of 2020 has seen the complex topic of the merits test for anchor defendants, in the context of multidefendant litigation involving European Union defendants, back before the English courts.

It started in June, with the judgment in Senior Taxi Aereo Executivo LTDA & Ors v. Agusta Westland SpA & Ors providing a fresh perspective on the merits test. However, an August decision involving anchor defendants, Weco Projects APS v. Piana & Ors, saw the court opting to apply the approach taken by the Court of Appeal in JSC Commercial Bank Privatbank v. Kolomoisky and Bogolyubov and other, holding that...

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