One
of the main
factors in choosing the 360 over the other kinds
of carriers — even those sold by Ergo — was the fact that
none of the others allowed for front facing
carrying in particular.
The problem is that whatever temperature signal they
carry is
of questionable resolution, and is commingled with whatever myriad
of other
factors that influence coral growth rates, or the relative populations
of differing microfauna, or Isotope ratios in dissolved gases trapped in ice, or the growth rate
of trees...
None of these issues would lead any rational person to view the application
of these proxies in determining climatological fluctuations on the order
of fractions
of a degree celsius annually.
However, the Court also accepted that
none of those
factors prevented the landlord from having a genuine intention to
carry out the scheme
of works nonetheless and the landlord therefore succeeded under ground (f).