Fiona Pask, a partner at Harper MacLeod, acted for Fraser McDougall in the Court of Session. The court ruled that events and exhibition company Informa UK, part of FTSE 100 Informa plc, could not enforce a contractual restriction preventing its former employee McDougall from setting up a rival partnership business.
What were the main challenges?
The hearing resulted from a triggered caveat. We had limited time to prepare against the backdrop of any adverse decision potentially cutting off our client’s source of income. The decision turned on the term “employed by”, which we persuaded the court was more likely to be understood to have its ordinary meaning despite that limiting the covenant.
What’s the best decision you’ve taken? Taking a risk and leaving a comfortable position to join this firm, then grabbing an opportunity to join the Edinburgh commercial litigation team.
Who has inspired you in your career?
My parents instilled a “you get out what you put in” mentality — if it wasn’t worth working hard for, it probably wasn’t worth much. It has been hard work, but it usually feels worth it.
What’s the funniest thing that has happened to you?
Early on, after a small claims victory, my client turned round and said: “I know why we won.” Waiting for praise about my advocacy, I was told: “I served that sheriff in Marks yesterday!”
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What’s the best advice you’ve received?
Beware of your gown sleeves: nothing ruins a courtroom exit like being anchored to the chair arm.
Which three qualities should a lawyer have?
The best thing about our profession is that we offer different qualities. Good lawyers need a desire to succeed, belief in what they do and a passion for getting results.
What law would you enact?
Two weeks of compulsory maternity and paternity leave. There is often a stigma with taking time off for childcare; there is almost always a presumption that women’s careers are impacted more than men’s. To an extent that’s biological reality, but this would be a step towards levelling the field.
For what would you like to be remembered?
Working hard for my clients, being prepared to go the extra mile and being first on the dancefloor at any good party.