Convergence Group Plc & Anor v Vellacott [2005] EWCA Civ 290 (16 March 2005)

Procedure: Under CPR 17.4.2, determining whether a new claim arose out of substantially the same facts was a matter of impression to be derived from a reasoned assessment of the relevant factors. A continuing retainer was relevant in considering the introduction of a new claim arising out of facts under the same retainer.