7 results for 'judge:"Stuart- Smith"'.
J. Stuart- Smith finds a lower court properly ordered the destruction of an aggressive pit bull terrier named "Lightning." The dog owner argued that the court applied a higher standard on the animal based on its breed. However, the Chief Constable of Police presented sufficient evidence in court that the dog was dangerous and unmuzzled, and escaped its owner and bit a civilian in the neck and leg, forcing him to pepper spray the animal. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: February 6, 2024, Case #: CA-2023-1090, Categories: Evidence, Negligence
J. Stuart- Smith finds a lower court properly denied a citizen of Nigeria's motion to remain in the U.K. The Nigerian citizen argued that he is entitled to relief based on his marriage to a Swedish national who was granted indefinite leave to remain. However, the home department sufficiently showed in court that he has a conviction in the U.S. for conspiracy to distribute heroin. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: January 23, 2024, Case #: CA-2022-2228, Categories: Immigration
J. Stuart- Smith finds a lower court properly dismissed a law firm's contract claims against a client. The law firm argued that it properly billed the client for estate administration services. However, the client presented sufficient evidence in court that the law firm failed to undergo assessment of fees before billing him. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: January 18, 2024, Case #: CA-2023-440, Categories: Attorney Fees, Contract
J. Stuart- Smith finds a lower court improperly ruled in favor of the home department on a citizen of India's motion to remain in the U.K. The home department argued that the citizen of India, who entered the U.K. and obtained a Working Holiday Maker Visa, engaged in deception when she submitted a fraudulent English language testing certificate to the government. However, she presented sufficient evidence in court that her actions of deception may be irrelevant after she obtained a certificate of bachelor of science, which was taught in the English language. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: November 20, 2023, Case #: 23cv1353, Categories: Education, Immigration
J. Stuart-Smith finds a lower court improperly dismissed a pregnant mother's claims of negligence against a hotel resort. The hotel resort argued that it is not liable for injuries she suffered while entering an outdoor pool. However, the expecting mother presented sufficient evidence in court that she slipped and fell in close proximity to the pool, which lacked treads. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart-Smith, Filed On: November 7, 2023, Case #: CA-2023-245, Categories: Negligence, Premises Liability
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J. Stuart- Smith finds a lower court properly dismissed a resident's challenge of a grant of planning permission to a local borough. The resident argued that the grant of planning permission to redevelop land involved the wrongful felling of four mature trees, in violation of the original application. However, the local borough presented sufficient evidence in court that it amended its plan to go forward with construction without taking down "trees of significant amenity" or "ecological/ habitat conservation value." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: July 11, 2023, Case #: CA-2022-2463, Categories: Construction, Government, Contract