Victim Of Rapist Lottery Winner Allowed To Sue After 20 Years!

LOTTO RAPIST:

IORWORTH HOARE

This case has been to the House of Lords already and changed the law in the sense that they decided that the shorter 3 year limitation period for bringing claims for personal injury applied to intentional assaults rather than the longer 6 year period generally applicable for other torts.

That was a victory for the rape victim. Why? Because the 3 year period can be extended in exceptional circumstances but the 6 year period cannot.

Whether the period should be extended was referred back to the High Court and its decision was released on the internet today. See the title link.

Mr Justice Coulson has given the Claimant the extension and allowed her action to proceed against her rapist. Instinctively, we probably all feel that he has made the right decision. Why should the undeserving £7 million pound lottery winning rapist not compensate his victim?

Legally, I am less sure. Mr Justice Coulson has done his very best to render his decision appeal proof. I am not sure that it, in fact, is.

Here are his reasons for exercising his discretion in the Claimant's favour:

"... When considering all the circumstances of this case, I have identified a number of factors in the defendant's favour. These include, in particular, the length of the delay, the possible difficulties for the defendant on some aspects of the evidence on causation caused by that delay, and the payment of the £5,000 by the CICB. However, I have concluded that the factors in the claimant's favour are more numerous and of significantly greater weight. They lead me unhesitatingly to conclude that equity requires that the discretion under section 33 be exercised in her favour.

Those factors include in particular:

(a) The nature and seriousness of the underlying tortious wrong;
(b) The fact that one of the consequences of that wrong was the defendant's impecuniosity (because he was unable to earn money by which he could otherwise have met a judgment for damages);
(c) The fact that, prior to his lottery win, the defendant's impecuniosity meant that he was simply not worth pursuing in an action for damages. This was the principal reason for the claimant's delay and one that I consider to be reasonable on the particular facts of this case;
(d) The fact that the claimant acted promptly following the defendant's release from prison and his lottery win:
(e)The fact that the 'clinically significant' second bout of PTSD in 2004 will be capable of being fully addressed by both parties at any trial."

Do these factors fully and necessarily trump the purpose of our limitation legislation; which is to enable potential defendants to know when the risk of a claim against them has expired and they can rest easy?

Well, Mr Hoare certainly has the resources to explore this question on further appeal.

No-one, I think, is going to wish him luck. It emerged after the verdict that this little bastard had "six previous convictions for rape, attempted rape and indecent assault." A less attractive client would be difficult to envisage.

I would not touch him with a barge pole and it can hardly be defamation to describe him, quite simply, as a piece of low life scum. Hopefully, he will spend any part of his fortune that does not go in damages to the Claimant on legal fees!

And, what about his other six proved victims? They should be consulting lawyers now.

Here he is at the time:

And here he is now:

A small picture of a small man. You will need the picture as he lives under aliases.

QUIZ QUESTION: What were they thinking of when they let this man out?