“… Nor is there any dispute that the burden of proving this lies on the defendant: see Supreme Petfoods at [147], [164] and Bentley 1962 Ltd v Bentley Motors Ltd [2020] EWCA Civ 1726, [2021] Bus LR 736 at [35]. As I discussed in those cases, this may be rationalised on the basis that, in double identity cases, there is a rebuttable presumpt…”
“…is convenient at this stage to take stock of the overall effect of the transitional provisions. As Arnold LJ explained in Bentley Motors Ltd v Bentley 1962 Ltd [2020] EWCA Civ 1726, transitional provisions come in a number of different forms. But there are a number of guiding principles. One of these is to provide for continuity in the la…”