Eric Baijal is Head of Litigation at Drever and Heddle, a firm operating from offices in Thurso, Kirkwall and Fraserburgh and Edinburgh.  Eric and his family relocated from Fife to Wick, Caithness. He offers his latest insight into life and law in the land of the dark skies.

It has been a strange kind of week.

There has been the massive excitement of finally seeing a new Edinburgh office open and running, contrasted with the disappointment of a long-established client going into liquidation because of the current recessionary pressures. I think it would probably be fair to say that practicing in rural areas, agents tend to get to know the clients a little bit better often encountering them outside the office. From a community and personal point of view we therefore feel it when clients go down.

However, earlier today, I decided that despite everything that was going on I had to take time to note down a few things that happened in the past weeks for the benefit of the odd (in both senses of the word) reader who has an interest in what is going on in the north of Scotland.

I would say I was amused in a paternal way, but Jennifer is only a couple of years younger than me. However, it was striking following Jennifer substituting for me in last month's contribution, how many people who have never had a nice thing to say about anything I have written, bothered to say they thought the Jennifer's column was very good. Steven Raeburn said Jennifer had a “good voice”; clearly my vocal abilities lack something of her refinement. It appears that my days are clearly numbered. The profession has very little interest in commercial litigators running south from the North. Of more interest are litigators who stay in the North and embrace the country lifestyle in a big way! Personally fighting with horses, breaking bones and judging sheep are not my cup of tea, but then we are a diverse bunch.

Given the Edinburgh office has just opened I have had a number of central belt trips in the last few weeks. However, overall I have managed to get a few brownie points at home having had less overnight stays away in the last few weeks (although the children are clearly confused, given when asked where Daddy works they reply, “the airport.”). We may finally be getting some return on having a bigger team and so more people to travel the distances. That being said, there have been interesting issues working at home. We recently moved into a new rented accommodation while we continue (two years so far) the pursuit of finding a suitable building plot to build a home in the Highlands. Given that child number 3 is now in a bedroom I am lacking permanent office space. I am therefore set up in my in-laws house in the next street. It is very amusing having your mother in law as the closest physical company from most of the working day when working from home…

The Highland weather, however, has been excellent and appears to be better than further down the line (note Caithness expression for anything south of Helmsdale). In fact when everyone else was having difficulties with the whether we actually had sunshine for our Sunday School trip to Dunbeath on Saturday.

So far as professional matters are concerned there have been some sighs of relief at my end in the last few weeks. I have been involved in one particular case since I was a second-year trainee and it was kicking off at first instance. We finally got a decision in our favour from the inner house in the last few weeks. I think only those who have been there understand the sense of relief there is, if you believe that you are right in your analysis of a particular case, and that analysis is finally vindicated (or at least until the Supreme Court decides otherwise!)

We have had a couple of new starts at the firm in the last few weeks. We have a new trainee who is settling in very well and coping very well different fee earners’ idiosyncrasies. We have a couple of new administration assistants, who are perhaps finding a bit harder (one of them approached me a couple of weeks ago to ask how she was to fax the lever arch folder to counsel!) Of course the most interesting of all is having my younger brother in the team. They say you should never work with your family. They also say anything that does not kill you makes you stronger. So far so good on either score but admittedly the conversation is probably a bit more frank than in some other cases. It is always a great leveler and makes you think before you open your mouth when you remember that the person you are about to reproach knows most of the darkest secrets!

One of the big topics of conversation in the highland courts are the new Crown Office guidelines relating to representation at police interviews. Not doing criminal legal aid we are not adversely affected but it cannot be fair that duty solicitors may have to travel two hours or more across the highlands in the middle of the night to a police interview and not get any extra pay! Although it will be politically contentious there must now be a need for an increase in the legal aid fees for summary crime! I am concerned that if PACE is now followed north of the border there may be pressure on Scots Law of Corroboration: which I do not think would be helpful.

I’m just finishing sorting defences in a PI claim. Not unusual you might say. However, it has a highland spin on it (not as much as the one where we act for the farmer who’s highland cow collided with a car!) in that our clients are adamant they are not liable. Their insurance company seem to agree that the Pursuer has difficulties but were minded to settle on an economic basis…This angered my clients so much they are now defending the case at their own risk. That’s principles for you….they are generally very expensive!

Well in a busy week that’s enough rambling for now. I am off for a good bit of next month on holiday so you will be pleased to know that the news from the north will be from someone fresh and interesting…

Take care

Eric