St Christopher School (Letchworth) Ltd v Schymanski & Anor
2014
QUEEN’S BENCH DIVISION
UK
CORAM
- MR JUSTICE HOLROYDE
Areas of Law
- Contract Law
- Tort Law
- Evidence Law
- Human Rights Law
2014
QUEEN’S BENCH DIVISION
UK
CORAM
AI Generated Summary
The case involves Defendants refusing to pay school fees citing alleged contract breaches, racial discrimination, and improper care for their children. The school denies wrongdoing and seeks unpaid fees. The court finds no breach of contract, holds parents liable for unpaid fees plus interest, and dismisses the parent's counterclaim.
Judgment
Mr Justice Holroyde :
Between September 2007 and April 2010 the Defendants’ sons Josef, Johann and Frank attended the Claimant school. In these proceedings the School claims unpaid fees for all three boys for the spring and summer terms 2010. By their Defence and Counterclaim, the Defendants deny any liability to pay those fees, and seek to recover loss and damage which they say they have incurred as a result of the School’s breaches of contract.
Each of the defendants is a medical doctor and practises as such. They are husband and wife. In view of the allegations which they make of racial discrimination, it is relevant to note that Dr Rao is ethnic Kenyan, whilst Dr Schymanski was born in Germany and is white. For convenience I shall refer to them collectively as “the Parents”. Josef was born 31 st July 1998, Johann was born 8 th May 2000, and Frank was born 16 th October 2001. For convenience I shall refer to them collectively as “the Boys”.
Over the course of several days, I heard evidence from a number of witnesses. The School called Richard Palmer, the Head of the School; Emma-Kate Henry, the Deputy Head at the material time (though no longer at the School); Susan Rix, the Head of the Junior School; Louise Robb, a teacher; Bryan Anderson, a teacher; Paul Kelly, a teacher (now employed at a different school); Isobel Ellerby, who was formerly the Head of Individual Needs at the School and had completed a postgraduate course on the role of a “SENCO” or special educational needs coordinator (she was previously known as Pat Themistocli, and was referred to by that name in the relevant correspondence); Armande Fryatt, a Special Educational Needs teacher; Jane Miller, a teaching assistant; Carolyn Dorrington, the School’s nurse; William Hawkes, the School’s Bursar; Adam Caller, the director of Tutors International; and Arthur House, a private tutor. Each of the Parents gave evidence, and they called as a witness Stephen Cresswell, a private tutor. None of the Boys gave evidence.
I was assisted by opening addresses by Ms Dilnot and Dr Rao, and by written closing submissions on each side, all of which I have carefully considered.
The Parents were legally represented at earlier stages of these proceedings, but represented themselves as trial. Both, clearly, are intelligent and articulate professional persons. By agreement between themselves, and with the approval of the court, Dr Rao acted in effect as spokesperson for both, and conducted the cro