Further out of time claims unlikely

The High Court victory of a rape victim in her bid to win the right to claim damages “out of time” from her attacker after he won the lottery is unlikely to lead to a raft of similar claims, according to lawyers.

The High Court last week ruled, in A v Hoare [2008] All ER (D) 95 (Jul), that it should exercise discretion to allow A to make a claim for damages outside a non-extendable six year period for assault or trespass to the person.

The ruling followed a House of Lords decision finding it had earlier misinterpreted s 2 of the Limitation Act and that the correct limitation period was three years, but that the courts had the power to waive this time limit, based on the criteria set out in s 33 of the Limitation Act.

Seamus Burns, solicitor and senior lecturer in law at Sheffield Hallam University, says that the High Court was right in its decision but that it was unlikely many similar cases will follow.

“The particular circumstances of the case make it exceptional. Very few tortious claims involve intentional assaults, as here, and even fewer arise out of offences that are so serious that the defendant is put in jail for life, thereby in essence creating the very circumstances causing the claimant not to pursue the claim originally for damages,” he says.

Burns continues: “The fact that the defendant then proceeds to win the National Lottery, further underlines the exceptional nature of the case, and why the discretion should be exercised in the claimant’s favour. The case could have wider significance for cases of historical sexual abuse and assault generally but how many defendants are going to have the good fortune of scooping the National Lottery?”

Richard Scorer, personal injury partner at Pannone LLP, says the decision confirms that it will be difficult for those convicted of offences to argue prejudice caused by lapse of time.

He continues: “In cases where there is no conviction, and where the alleged perpetrator is dead or too old to stand trial, the courts will have more difficulty in deciding whether to allow late claims. The key test for the court will be whether there can be a fair trial of the issues after the passing of time”.