'Lotto Rapist': Victim has not won compensation yet.

21 February 2008

Although the recent decision concerning a victim of millionaire lottery rapist Iorworth Hoare is undoubtedly a step in the right direction for the victim herself, it is important that the public understands she has not won compensation from him yet.

Her victory was in convincing the Law Lords that, whilst she was well outside the usual 3 year time limit from the date of the attack in which to bring her compensation claim, the Court should be allowed to consider exercising a discretion to allow her to bring her claim late.

The Law Lords ruled that claims for sexual assault (as with other civil claims for damages) should usually be bought within 3 years, but decided that Courts should also have the discretion to extend that period to allow older claims.

The victims case will now be reconsidered by the High Court and they will decide whether or not to exercise their discretion to permit her to sue him. Only if they find in her favour will she then be able to claim compensation from him.

The case is an important reminder in the sense that you should always try and bring your injury claim within 3 years.  However, even though it may be more than 3 years since the incident in which you were injured, it can still be worth seeking legal advice about the possibility of a claim but make sure that you get your legal advice from a solicitor with genuine expertise in injury claims, as you may even need to go as far as the House of Lords to stand a chance of compensation.

For more information contact Neille Ryan, compensation specialist and Partner.
 

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