Civil Litigation Solicitors

Victim Wins Right to Proceed with Compensation Claim



A landmark decision of the House of Lords could pave the way for some victims of sexual abuse to claim compensation from their attackers many years after the attack took place.



Mrs A, a retired teacher, has won the right to sue for damages a man who attacked her in 1988. Her attacker, Iorworth Hoare, was jailed for six sex attacks committed during the 1970s and 1980s.



At the time of the attack, Mrs A was advised not to bring a claim against Mr Hoare because he did not have any money. Instead, she made a claim to the Criminal Injuries Compensation Board and received just £5,000 in compensation.



However, since then Mr Hoare has scooped a £7 million win on the lottery after he bought a ticket whilst on day release from Leyhill open prison in 1994. Mrs A then commenced a claim for compensation in the High Court. However, the Court ruled that her claim was outside the legal six-year time limit for bringing an action. The Court of Appeal rejected Mrs A’s appeal against this decision.



When the case came before the House of Lords, Mrs A asked for a change in the law that prevented compensation claims for sexual assault being made outside the strict time limits. Five Law Lords unanimously ruled that courts should have the discretion to extend the limitation period to permit ‘out of time’ claims. The case will now go back to the High Court to be reconsidered in the light of this decision.



Four other appeals by people seeking compensation for sexual abuse that took place more than six years ago were also heard and these can also now proceed.



“Prior to this judgment, the law prevented victims of sexual assault from bringing a claim after the six-year time limit had expired. In cases of child abuse, claims were only permitted up to six years after the child had reached the age of 18. Such attacks can have long-term traumatic effects on the victim which may prevent them proceeding with a timely damages claim.”





Partner Note

Widely reported. See

http://business.timesonline.co.uk/tol/business/law/article3279532.ece and

http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2008/01/30/nrape230.xml.