Sitara Kausar
AssociateSitara primarily deals with a mix of civil court work including commercial litigation, contractual and property disputes, debt recovery and insolvency, private client disputes, and Guardianship applications.
She has a particular interest in advocacy and has appeared in many courts throughout Scotland since qualifying in 2015. Sitara is able to provide clear legal advice in Urdu and Punjabi and is also a member of the Scottish Ethnic Minority Lawyers Association (SEMLA).
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Lay representation in the Sheriff Court
In Hastings v Day 41 Ltd, the Sheriff Appeal Court reaffirmed the strict criteria for lay representation under section 97 of the Courts Reform (Scotland) Act 2014. The company’s application to have its director appear in court was rejected on all grounds: financial capacity, suitability, and the interests of justice.
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Assignation of Debt: Does a Guarantee Transfer Too?
A recent decision from the Sheriff Appeal Court in the case of Charles Thompson McKinlay v Avellierie Limited & Kenneth Scott raises important issues relating to assignations and commercial common sense.
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Parties Behaving Badly: Court Expenses in Scotland
The recent increase in cases where enhanced expenses have been awarded by the court is good news for parties to litigation, and serves as a reminder to solicitors and clients of the importance of being mindful throughout the litigation process.