Lotto rapist victim back in court

Monday, February 20, 2006 posted 02:22 AM EST

A victim of millionaire lottery rapist Iorworth Hoare has renewed her damages claim against her attacker.

Serial rapist Hoare, from Leeds, attempted to rape the woman, Mrs A, in the city's Roundhay Park in 1988.

Last October, a High Court judge upheld an earlier ruling that a claim for compensation by Mrs A, who is now 77, was outside the legal six-year limit.

Her lawyer told the Court of Appeal on Monday that such a rigid limit amounted to a violation of human rights.

Hoare, 53, was jailed for life in May 1989 and spent 16 years in prison.

Costs blow

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

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 not be allowed.

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

On Monday, her counsel, Alan Newman QC, told the Master of the Rolls Sir Anthony Clarke, Lord Justice Brooke and Lady Justice Arden that, before his win, Hoare had no assets.

"He was a serving prisoner and had no means to buy anything other than a packet of cigarettes or a packet of crisps."

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

Personal injury

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

He said that the central issue was whether, in the light of the 1998 Human Rights Act, Mrs A should be permitted to continue with her claim outside the 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.

Legal argument is expected to conclude on Monday but, recognising the importance of the case, the three judges indicated they would reserve their decision until a later date.

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