The chain
Why origination and retainer status now govern the structure
The omnibus route survives on one statutory test. Anything that turns a common issue into an individual issue attacks the test directly, without ever touching the cause of action.
- VerifiedThe test is convenience. A single claim form may carry multiple claims where they can be conveniently disposed of in the same proceedings. Convenience includes case management, generic pleadings and test cases.
- VerifiedThe court retains discretion. A separate first instance decision refused both the group order and the omnibus route on a cohort of roughly 14,599 claimants, the Abbott style convenience challenge already scored in Module 6. The route is available, not guaranteed.
- VerifiedConsent is proved per data subject. The burden sits on the controller to demonstrate valid consent for each individual, not for the book as a whole.
- OCC assessmentThat converts a common issue into an individual one. Where the capture record holds field values, a timestamp and a submit address only, origination has to be proved claimant by claimant, which is the opposite of what the structure is for.
- VerifiedCommission liability requires a fiduciary. Undisclosed commission alone creates no liability. A solicitor to client relationship is the paradigm fiduciary category, so undisclosed cover commission is actionable against the firm running the book.
- OCC assessmentThat is a capacity problem, not a claimant problem. The firm selecting test cases is in conflict with part of its own cohort, which is the mechanism the court relies on when it permits aggregation.
- OCC assessmentCure runs forward only. Fresh lawful consent repairs the file from the date it is taken. It does not rewind the limitation clock on the aged tranche, which is where the value sits.
Net position. Neither vector defeats the underlying cause of action. Both defeat the aggregation of it, and the aggregation is the entire economic case for the structure.
Module 13
Book gating
Applied before forms are built. Every record is graded on origination integrity and cover disclosure, then routed. Forms build from the clean segment only.
Apply cure to the remediable segmentTreats every remediable record as re originated and disclosed, then recomputes the whole page.
Segment split by defendant cohort, tap a bar to filter
Routing. Every record is graded and routed to one of three destinations before any form is built. Only the clean segment reaches issue. The grading rules are proprietary and are not published. OCC assessment
Module 14
Defensibility, recomputed
The homogeneity index now carries origination and disclosure variance as weighted inputs. A cohort with strong factual commonality and mixed origination no longer scores as safe.
Defensibility score by cohort, base against recomputed
Verdicts. Same three verdicts as Module 6. Angel supported, borderline and open to a severance application, or Abbott risk. The index, its inputs and the band thresholds behind the verdict are proprietary and are not published. OCC assessment
Module 15
Fee reversal on severance
The saving runs in reverse. Severed claims issue individually on their own value. What remains stays on omnibus forms at the aggregate cap.
Total issue cost against severance rate
Fee basis. Issue fee bands taken from the published civil court fee schedule, capped at ten thousand pounds on an aggregate above two hundred thousand pounds, with a working cap of 750 claimants per form. Verified fee bands, OCC assessment on the form cap.
Module 16
Limitation against cure
Contaminated files split on one question. Is there still time to re originate lawfully. On a six year screen, only the part inside the period can be cured.
Contaminated book by cure status
Caveat. The screen runs from the agreement date in this model. Under an unfair relationship claim the period runs from the end of the relationship, which moves a portion of the not curable segment back inside time. OCC assessment
Module 17
Settlement pressure, inverted
The existing simulator models one direction only. Past a threshold, attacking the aggregation costs the defendant less than settling the book, and the pressure reverses.
Defendant expected cost, settle against attack, by contamination rate
Model. Settling pays the expected value of the book. Attacking pays a fixed challenge cost and removes the contaminated share where the challenge succeeds. The crossing point is where the defendant stops negotiating. OCC assessment, modelled and not authority.
Module 18
Severance exposure
One number. Probability weighted cost of losing the aggregation, by cohort, driven by the defensibility score.
Probability weighted severance exposure by cohort
Drivers. Severance probability is mapped from the recomputed defensibility score. Exposure is the delta between the fully severed cost and the aggregated cost, weighted by that probability. OCC assessment throughout.