Month: December 2002

On 16 September 2004 the Tenements (Scotland) Bill completed its Parliamentary stages.  The Bill, which implements a Scottish Law Commission Report (see No 30), has two main objectives, according to its accompanying Policy Memorandum. The first is to clarify and re-state the common law rules which demarcate ownership of the various parts of a tenement,  removing a number of uncertainties and anomalies in the existing law. The second objective is to provide a statutory system of management for tenements. The overall effect will be that every tenement will have a management scheme and hence a mechanism for ensuring that repairs are carried out and decisions are reached on other matters of mutual interest and concern. The reform is intended to facilitate repair work, and may incidentally remove one casus belli – or perhaps worse – from Scottish urban life (see No 6).

The trial of temporary sheriff Raj Jandoo for alleged offences committed on board an aircraft on its way to Stornoway, where he was due to hold court (see No 332), was adjourned on 15 June 2004 as a result of Jandoo’s illness.  New dates of 30 September and 1 October were fixed for the trial.  A further charge of failing to follow the aircraft commander’s instructions to switch off his mobile phone and laptop computer was laid against Jandoo on 10 August.  Donald Findlay QC is expected to represent Jandoo at his trial.