Victim of lotto winner wins appeal in claim for sexual assault

A victim of the millionaire 'lottery rapist' has succeeded in her appeal to the House of Lords against the Court of Appeal's refusal to allow her to pursue her claim for compensation against him. As a result, it will now be possible for victims abused in care homes or schools, in their homes or elsewhere to pursue claims against their assailants long after the event occurred, if they persuade a court that it would be fair to allow them to do so.

The Court of Appeal had ruled that her claim was statute barred under s 2 Limitation Act 1980, which imposes a strict 6 year time limit on claims for tort wrongs. This effectively bars claims brought 'out of time' after the 6 year period. Hoare attempted to rape this particular victim 20 years ago in 1988.

The victim (whose anonymity is protected) decided to sue Mr Iorworth Hoare when she learnt of his lottery win. Hoare, who has been convicted of a series of different sex offences, became a millionaire overnight when he purchased a winning lottery ticket whilst on temporary remand from prison in August 2004.

In a recent landmark decision, A v Hoare and others [2008] UKHL 6, the House of Lords has ruled in that all civil claims involving personal injury, as in her case, are subject to a different 3 yr time limit imposed by s 11 of the Limitation Act 1980. The artificial distinction between assaults and accidental or negligently caused injuries has been abolished. Although the 3 year time limit is clearly shorter, s33 of the same Act empowers the court to disapply the primary 3 year period: where its considers that it would be equitable to allow an action to proceed; taking into account the balance of prejudice to the parties involved.

The significance of this ruling for victims of abuse is far reaching. It makes it possible for many claimants, who have been traumatised by abuse or mistreatment in their childhood and who have only recently come to terms with this, to bring proceedings.

The right to bring a civil action for compensation is not restricted, as in the case of Hoare, to claims against wealthy individuals. Where an assailant or abuser was employed by a local authority, school or other such institution that owed the victim a duty of care, then a claim may also lie against those institutions on the basis that they are either vicariously liable for their employee or liable in negligence on account of their own responsibility for permitting systemic abuse or failing to act to protect the claimant from this kind of abuse.

The ruling has not created a 'no-fault' right to compensation. It will still be necessary for each victim to prove that they sustained either a wrongful assault or other abuse and possibly also negligence at the hands of one or more institutional defendants. Where the abuse or assault was sustained more than 3 years previously (or in the case of a child, within 3 years of attaining majority), it will also be necessary to persuade the court to exercise its discretion to disapply the limitation period. These are often difficult and distressing claims to pursue and accordingly claimants' would be wise to ensure that they consult qualified solicitors who are experienced, empathetic and competent in this exacting field of practice.

The ability to pursue this kind of claim 'out of time' is not limited to childhood abuse victims. It applies to all civil actions involving injury, including: adult rape victims who have suffered post traumatic stress disorder or some other psychological inhibition that prevented them from pursuing their claim earlier. It will also entitle claimants who have sustained a psychological harm caused by an education authority negligently failing to diagnose or address a learning disorder whose effects would otherwise have been alleviated to sue.

Bond Pearce is a leading personal injury practice with many decades of experience. We are happy to provide free initial legal advice.

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