Lotto rapist victim loses compensation battle

Thursday, April 13, 2006 posted 01:46 AM EDT

victim of Lotto rapist Iorworth Hoare today lost her appeal against a court's refusal to allow her to claim damages against her attacker.

The 77-year-old former teacher, Mrs A, sought compensation for the psychiatric injury she suffered in the wake of the "violent and disgusting" attempted rape.

She was 59 when Hoare - who had previously subjected six other women to serious sexual assaults, including rape - attacked her as she walked in Roundhay Park, Leeds, in February 1988.

Hoare, 53, was jailed for life in May the following year and spent 16 years in prison.

It was while he was on day release late in 2004, before being freed on parole the following March, that he bought the ticket which netted him £7.2 million.

He is now reported to live in a £700,000 mansion near Newcastle.

In October last year, Mr Justice Jack upheld a decision by a senior High Court official, Master Eyre, that Mrs A's damages claim should be struck out as it was brought more than six years after the assault and was covered by a section of the 1980 Limitation Act which involved a non-extendable six-year period.

Mrs A, who cannot be identified, was also ordered to pay an estimated £100,000 towards Hoare's legal costs.

Today, the Master of the Rolls Sir Anthony Clarke, Lord Justice Brooke and Lady Justice Arden held that the court was bound by an existing decision of the House of Lords.

This was to the effect that although most claims for damages for physical or psychiatric injury now have an extendable three-year limitation period from the date of the claimant's "knowledge", claims for damages arising out of an intentional sexual assault have a non-extendable six-year limitation period from the date of the assault (or the claimant's 18th birthday, if later).

Because the six-year limitation period had expired before the Human Rights Act came into force, the claimants could not rely on the provisions of that Act for assistance.

At the appeal hearing, Mrs A's counsel, Alan Newman QC, told the judges that, before his win, Hoare had no assets.

On that basis, Mrs A took the view that it was "neither sensible nor proportionate" to take civil action against him as there was no chance of him satisfying any claim.

Once she knew of the win, she took prompt action in issuing proceedings in December 2004 and obtaining medical reports on her condition.

Mr Newman said that the central issue was whether, because of the 1998 Human Rights Act, Mrs A should be permitted to continue with her claim against Hoare for damages arising outside the primary six-year period specified in the 1980 Limitation Act.

The Court of Appeal also had to consider whether the relevant part of the 1980 Act should be construed so as to include personal injury caused by intentional trespass to the person - thereby permitting an extension of the time limit if it was equitable to allow the case to proceed.

Mrs A has received £5,000 from the Criminal Injuries Compensation Board, which she has said would be repaid were she to win damages.

A spokesman for her legal firm, DLA Piper, which is representing her on a no win, no fee basis, has said that she is fighting the case "on principle".

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