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| Woman cleared to sue Lotto rapist | Woman cleared to sue Lotto rapist |
| (10 minutes later) | |
| A retired teacher has cleared the final legal hurdle standing in the way of her bid to claim compensation from a serial rapist who won £7m on the lottery. | A retired teacher has cleared the final legal hurdle standing in the way of her bid to claim compensation from a serial rapist who won £7m on the lottery. |
| The 78-year-old woman was told by a High Court judge on Tuesday that she can go ahead with her claim against 59-year-old Iorworth Hoare. | The 78-year-old woman was told by a High Court judge on Tuesday that she can go ahead with her claim against 59-year-old Iorworth Hoare. |
| She wants damages for the psychological injuries she suffered after he attacked her in Roundhay Park, Leeds, in 1988. | She wants damages for the psychological injuries she suffered after he attacked her in Roundhay Park, Leeds, in 1988. |
| Hoare was convicted of attempted rape and jailed for life in May 1989. | Hoare was convicted of attempted rape and jailed for life in May 1989. |
| He had six previous convictions for rape, attempted rape and indecent assault and spent 16 years in prison. | He had six previous convictions for rape, attempted rape and indecent assault and spent 16 years in prison. |
| He bought a winning Lotto Extra ticket while on day release from prison in August 2004 and now lives in a £700,000 mansion in Ponteland, Northumberland. | |
| 'Exceptional' case | |
| Five months ago, the woman, Mrs A, won a vital ruling from the Law Lords that, in cases of serious assault, courts had a discretion to extend the usual time limit within which compensation claims must be brought. | |
| Her claim was sent back to the High Court for a decision on whether, in the particular circumstances of her case, she should be allowed to sue 20 years after the event. | |
| Mr Justice Coulson said on Tuesday there were some factor's in Hoare's favour - the length of the delay in suing, the difficulties he might face regarding production of defence evidence in the light of that delay and the fact that Mrs A had already received £5,000 from the Criminal Injuries Compensation Board. | |
| But the factors in Mrs A's favour carried far greater weight. | |
| As a direct result of the serious assault, Hoare was given a life sentence which rendered him incapable of earning a living and therefore not worth suing at the time. | |
| Mrs A's case was "wholly exceptional", he stressed and such circumstances would rarely arise again. | |
| "It will be even rarer for such a defendant, years later, to buy a lottery ticket which wins him £7m or otherwise comes into an unexpected fortune which makes him suddenly worth pursuing after all," the judge said. | |
| He ordered an urgent trial of Mrs A's damages action if no settlement is reached. |