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The Sheriff Principal, having resumed consideration of the cause, refuses the appeal and adheres to the Sheriff's interlocutor complained of dated 21 September 2005; finds the pursuers and appellants liable to the defenders and respondents in the expenses occasioned by the appeal and remits the account thereof, when lodged, to the Auditor of Court to tax and to report thereon.
A further question arose as to whether I should deal with the appeal at all standing the fact that the pleadings are now extensively amended. In the normal course this might be a situation for a remit to the Sheriff to consider the matter of new, but it appeared to me to be in the interests of expeditious justice that I should give a view on the issue as now presented. In its essentials the issue now before the Court is not far removed from the central issue with which the Sheriff had to deal and I am doubtful of the value of remitting the case back to him.
From these cases the solicitor for the defenders sought to derive the following principles:
(1) What constitutes a storm is a matter to be determined on the facts and circumstances of each case.
(2) The test to be applied in any case is whether or not a person of ordinary common sense making the ordinary use of language who was in or around the area at the period in question would have used the word "storm" to describe the weather prevailing in that area ( Glasgow Training Group supra at page 37).
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