David-James Stott has completed a busy first month at Chambers.
Having joined us at the start of the year, in January he conducted 14 Court hearings with a further 6 hearings either vacated or settled prior to the hearing taking place. The 14 hearings were 7 fast track and small claims track trials, a DVPO application, 2 ASB injunction applications, a quantum hearing, 2 directions hearings and a possession hearing. All of the hearings have been in the East Midlands totalling 7 different Courts.
A number of the hearings have involved contested trials including cross examining witnesses and submissions regarding fact and law. Many of the hearings have comprised of road traffic accidents whereby damages in credit hire were in dispute, this included careful consideration of the facts and evidence. Credit hire claims often involve issues such as impecuniosity which is a word that is not so often heard these days but is still in regular use in credit hire claims. In brief it means having little or no money. The relevance in credit hire claims is that should the Claimant prove impecuniosity then they would not have been able to afford a hire vehicle (while their vehicle is being repaired for instance) at an open or local hire rate and as such needed the assistance of a hire car on credit which more often than not means at a higher total cost. One of the ASB injunction hearings he is due to return on shortly seeking contempt for breaches of the injunction therefore could lead to a custodial sentence for the Defendant. Directions hearings demand a pre-liminary hearing of the case or issues and the setting down of a timetable through to trial.
In addition to a busy daily practice David has judged moots at the University of Lincoln, engaged in networking and has been sitting as a magistrate in the Family Court.