Father refused full pay-out of son’s personal injury award

A judge has refused a schoolboy’s father a pay-out of €20,000 from his son’s personal injury purse in the Irish courts to pay the boy’s fees at a top German college.

Barrister Marc Murphy told Circuit Court President, Mr Justice Raymond Groarke, that Niklas Singhoff had been injured while a pupil at St Andrew's College in Dublin.

“He was walking across the school rugby pitch at its annual sports day in 2013 when he was rugby tackled from behind and his left arm was broken,” Mr Murphy told the Circuit Civil Court.

Mr Murphy, who appeared with McCarthy and Co solicitors, said Niklas sued the school through his father, Anders Aspen, who was now living in Basel, Switzerland, and the school had made Niklas a settlement offer of €22,420.

Clean break

Counsel told the court the boy’s injury had been a clean break and following use of a sling support for six weeks, he had made a full recovery within three months.

Mr Murphy said he anticipated some difficulty with liability in the case and was recommending the court’s acceptance of the offer and legal costs which the judge approved.

Mr Murphy said Niklas was currently attending a private school in Germany which was the equivalent in status to Gordonstoun School in Scotland, which had been the alma mater of Prince Charles.

He told Mr Justice Groarke that Niklas was an extremely academically gifted child, a fact that had been supported by his house tutor in Germany and by his tutors in Ireland while attending St Andrews.

Mr Murphy said the boy’s parents had a combined income after tax of €60,200 per annum and could no longer afford his school fees which were €22,200 a year, just a few hundred euro short of the full settlement offer by the St Andrew’s College Management Company Limited.

“My instructions are that the parents will have some difficulty in paying Niklas’s fifth year fees and have asked if the full amount could be paid out,” Mr Murphy said.

‘Not enthusiastic’

Mr Justice Groarke said: “No. That is a grossly unreasonable application by the parents. I am not enthusiastic about it and I am not sure there is a necessity for it.”

Following a brief adjournment, Mr Murphy told the court the boy’s father would be satisfied with the release of €7,791 that would pay everything up to the end of the current academic year.

Mr Justice Groarke asked Niklas if he agreed with the application and he told the court he was and it was essential for him to finish the academic year and allow him to continue his studies until next year. He wished to study medicine.

The judge directed the paying out of €10,000 on an undertaking to the court by Niklas’s father that the money would be spent solely on his son’s education.