An omnibus claim in patent law is one which tries to claim everything disclosed in the patent not otherwise claimed.

Financial Services analysis: The Court of Appeal confirmed that large numbers of motor finance claims may proceed on omnibus claim forms where this is a convenient means of disposal under CPR 7.3. The judgment emphasises that convenience is a flexible case management assessment rather than a rigid test dependent upon common issues or a single trial. It also confirms that lead cases and generic disclosure may facilitate efficient resolution even where their outcomes are not binding on all claimants. The decision provides important guidance on the management of mass consumer litigation and is likely to encourage continued use of multi-claimant proceedings pending any reform of CPR 7.3. Produced in partnership with Harriet Campbell of Penningtons Manches Cooper LLP.

Dispute Resolution analysis: The High Court has confirmed that over 5000 claimants may continue to bring group claims against motor finance defendants in the form of eight ‘omnibus’ claim forms. The court overturned a first instance decision requiring the claimants to ‘sever’ eight omnibus claim forms and issue over five thousand individual claims. The court applied the factors identified in Morris v Williams & Co Solicitors and concluded that it would be more convenient for the litigation to continue in its original ‘omnibus’ form. Of relevance to group litigation, the court observed this would streamline disclosure, reduce costs and enhance access to justice for claimants with lower value claims. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 8 August 2014; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated acquisition by Omnicell Inc/MTS Medication Tecnologies Inc of SurgiChem Limited. The transaction involves horizontal overlaps in the markets for the supply of adherence packaging and other related products to the pharmacies. Latest developments On 8 August 2014 the CMA issued its final decision and unconditionally cleared the merger. Parties Omnicell Inc is a US-based company that supplies medication and supply management solutions to the healthcare industry. MTS Medication Technologies Inc (MTS) is a subsidiary of Omnicell and provides innovative medication adherence packaging solutions. SurgiChem Limited provides medication adherence packaging systems and solutions to the UK community and homecare sector. SurgiChem is currently owned by Bupa. Background The transaction was agreed on 9 December 2013. The agreed purchase price is £12m. Closing of the transaction was delayed until after the merger investigation. The OFT referred the transaction to

Following on from the package of temporary measures concerning certain consumer credit products that the Financial Conduct Authority (FCA) put in place on 9 April 2020, on 24 April 2020 the (FCA) confirmed a further package of targeted temporary measures to help people with some of additional consumer credit and consumer hire products. What temporary measures have been introduced that are common to motor finance and to rent-to-own, buy-now pay-later and pawnbroking agreements? The measures put in place are similar to those that where put in place for credit cards/retail revolving credit and personal loans on 9 April and include: • firms must put in place three month payment deferrals (on request) if a customer has coronavirus (COVID-19) related payment issues (but firms can offer longer periods) and

On 9 April 2020, the Financial Conduct Authority confirmed a package of targeted temporary measures to help people with some of the most commonly used consumer credit products. What are some of the industry wide issues contained in the measures? For credit files, the customer’s file with the credit reference agencies should not be in a worse position where they have a deferral. For statutory notices and statements, firms should consider their legal obligations and continue to comply with the framework. What temporary measures have been introduced that are common to credit cards/retail revolving credit and personal loans? The measures put in place

MLex: Businesses developing and using artificial intelligence (AI) in the UK could see regulatory uncertainty reduced if there were one single set of rules for them, Information Commissioner, John Edwards, has said. His office could write rules for the government to propose as legislation, he said, elaborating on his response to a government call for ideas for how regulators can help boost economic growth in the UK.

An important protection contained within the Matrimonial Causes Act 1973 (MCA 1973), is the provision which requires the court to be satisfied that any order made is fair within the meaning of MCA 1973, s 25. However, where parties have reached an agreement between themselves as to the division of the matrimonial assets without the need for court intervention, MCA 1973, s 33A provides that notwithstanding any preceding provisions, on an application for a consent order for financial relief the court may, unless it has reason to think that there are other circumstances into which it ought to inquire, make an order in the terms agreed on the basis only of the prescribed information furnished with the application. The prescribed

The starting point is section 35 of the Landlord and Tenant Act 1954 (LTA 1954), which provides that 'The terms of a tenancy granted by order of the court … (other than terms as to the duration thereof and as to the rent payable thereunder) … shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court and in determining those terms the court shall have regard to the terms of the current tenancy and to all relevant circumstances'. The question of the duration of the new tenancy and the rent payable are excluded from the section because they are dealt with separately in

It has been assumed that the lease has been agreed between the parties, rather than ordered by the court. This Q&A considers the situation where a renewal lease is agreed between a landlord and a tenant following the service of a notice pursuant to either section 25 or section 26 of the Landlord and Tenant Act 1954 (LTA 1954). The starting point is that a renewal lease, even one which is a lease by reference to a previous lease, is treated as a new lease for the purposes of land registration. It is not an assignment or extension of the previous lease but a new interest. It must therefore be considered whether the new lease is registerable. Section 27(2)(b)(i) of the Land Registration Act 2002 (LRA 2002) provides that leases granted out of existing registered titles, that are for

Does a loan between the transferor and the transferring employee transfer to the transferee? Under regulation 4 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, on completion of a relevant transfer the transferee acquires: • all rights, powers, duties and liabilities under or in connection with the contracts of employment of transferring employees (except certain rights relating to old age, invalidity or survivors' benefits under occupational pension schemes, which are excluded) • liability for all pre-transfer acts and omissions of or in relation to the transferor in respect

For guidance on information and consultation generally, see Practice Note: TUPE—information and consultation. Information on transferee’s ‘measures’ The transferor employer must inform the representatives of its affected employees of any 'measures', in connection with the transfer, that it envisages the transferee will take in relation to any employees who will transfer to the transferee. If the transferor envisages that no such measures will be taken by the transferee, it must inform the representatives of that fact. The transferee is under a corresponding duty to furnish the transferor with such information at such a time as will enable the transferor to comply with these requirements. See the section of Practice Note: TUPE—information and consultation entitled The duty to inform and consult. Where,