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A v Hoare

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137:'the need to frame a claim in one or other of these ways when the real cause of complaint was sexual abuse for which the employer was vicariously liable was causing "arid and highly wasteful litigation turning on a distinction of no apparent principle or other merit".' The case was remitted to the High Court for the judge to reconsider in the light the House of Lords speeches. 85:, had previously been convicted of a series of sex attacks between 1973 and 1987, for which he had received prison sentences totalling 18 years. As he was penniless as of his final conviction in 1989, the victim did not pursue a civil action for damages against him but claimed compensation of £5,000 from the government by way of the 76:
the defendant was convicted in 1989 of an attempted rape of the claimant, involving a serious and traumatic sexual assault; he was sentenced to life imprisonment. In 2004, while still serving his sentence, he won £7m on the national lottery. The claimant started proceedings for damages on 22 December
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The Lords held that the limitation period for actions founded on torts of negligence may be disapplied where it is inequitable to enforce it. This case centred on the wording of the Limitation Act 1980, which created an exception to the three year limitation period for "any action for damages for
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The House of Lords held that the words "negligence, nuisance or breach of duty" could be construed to include sexual assault and thus bring them within the s33 discretion to disapply the limitation period for claims. Lord Hoffmann reasoned that s33 had caused victims of
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Hoare was released in 2005. He received death threats as a result of his notoriety; in 2006, a man was jailed indefinitely for threatening to kill Hoare. Hoare's victim, Shirley Woodman, waived her right to anonymity in 2012, when she received an
77:
2004 but Master Eyre, applying Stubbings, struck out the action as barred under section 2 of the 1980 Act. This decision was affirmed by the judge and the Court of Appeal 1 WLR 2320."
100:, the victim pursued a civil action for damages against Hoare personally. This claim was struck out for being out of time by the High Court, in 2005, and by the 112:. The victim was awarded £50,000 in compensation, and Hoare was required to pay costs for both sides of around £800,000. Hoare challenged the ruling in the 92:
In December 2004, within a few months of Hoare's lottery win becoming public, 16 years after the crime, and well outside the six-year time limit for
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AC 498, S v W FLR 862, the words "negligence, nuisance or breach of duty" were construed in such a way as to exclude sexual assault.
193: 392: 245: 145: 86: 121: 387: 113: 382: 364: 208: 164: 275: 300: 190: 8: 97: 26: 325: 134: 253: 221:"The impact of the'Lottery Rapist'case on Limitation in Clinical Negligence Claims" 197: 101: 53: 30: 179: 376: 48:
was criticised as being unfair to claimants, notably by the Law Commission.
276:"UK | England | West Yorkshire | 'Lottery rapist' freed from jail" 60:
in favour of what the judges considered to be a fairer approach.
82: 93: 22: 301:"UK | England | Tyne | 'Lotto rapist' threats man jailed" 81:
The perpetrator, Iorworth Hoare, a British national from
326:"Lotto winning rapist's victim Shirley Woodman gets MBE" 108:. The House of Lords overturned this decision in 374: 68:The judgment summarized the facts as follows: 37:negligence, nuisance or breach of duty." 352:KR v Bryn Alyn Community (Holdings) Ltd 375: 191:Law Commission Consultation Paper 151 146:Court of Appeal of England and Wales 87:Criminal Injuries Compensation Board 13: 14: 404: 246:"One Crown Office Row - Article" 393:2008 in United Kingdom case law 358: 355:QB 1441 per LJ Auld at para 100 344: 104:in 2006, following the case of 318: 293: 268: 238: 213: 202: 184: 173: 158: 140:This decision was followed in 114:European Court of Human Rights 52:overruled the judgment of the 1: 151: 63: 365:per Lord Hoffmann at para 25 209:per Lord Hoffmann at para 26 7: 127: 10: 409: 142:Field v British Coal Corp 116:, but was unsuccessful. 21:, UKHL 6, is a leading 225:www.thompsons.law.co.uk 196:April 21, 2009, at the 144:, EWCA Civ 912 by the 79: 388:English tort case law 70: 40:In the earlier case, 383:House of Lords cases 180:Limitation Act 1980 98:Limitation Act 1980 256:on 26 October 2016 135:intentional torts 124:for her actions. 29:, decided by the 400: 367: 362: 356: 348: 342: 341: 339: 337: 322: 316: 315: 313: 311: 297: 291: 290: 288: 286: 272: 266: 265: 263: 261: 252:. Archived from 242: 236: 235: 233: 231: 217: 211: 206: 200: 188: 182: 177: 171: 162: 106:Stubbings v Webb 58:Stubbings v Webb 46:Stubbings v Webb 42:Stubbings v Webb 408: 407: 403: 402: 401: 399: 398: 397: 373: 372: 371: 370: 363: 359: 349: 345: 335: 333: 332:. 14 March 2012 324: 323: 319: 309: 307: 299: 298: 294: 284: 282: 274: 273: 269: 259: 257: 244: 243: 239: 229: 227: 219: 218: 214: 207: 203: 198:Wayback Machine 189: 185: 178: 174: 163: 159: 154: 130: 102:Court of Appeal 66: 12: 11: 5: 406: 396: 395: 390: 385: 369: 368: 357: 343: 317: 292: 267: 237: 212: 201: 183: 172: 156: 155: 153: 150: 129: 126: 65: 62: 54:House of Lords 31:House of Lords 9: 6: 4: 3: 2: 405: 394: 391: 389: 386: 384: 381: 380: 378: 366: 361: 354: 353: 347: 331: 327: 321: 306: 302: 296: 281: 277: 271: 255: 251: 247: 241: 226: 222: 216: 210: 205: 199: 195: 192: 187: 181: 176: 170: 169: 168: 161: 157: 149: 147: 143: 138: 136: 125: 123: 117: 115: 111: 107: 103: 99: 95: 90: 88: 84: 78: 75: 69: 61: 59: 55: 51: 47: 43: 38: 34: 32: 28: 24: 20: 19: 360: 351: 350: 346: 334:. Retrieved 329: 320: 308:. Retrieved 304: 295: 283:. Retrieved 279: 270: 258:. Retrieved 254:the original 250:www.1cor.com 249: 240: 228:. Retrieved 224: 215: 204: 186: 175: 166: 165: 160: 141: 139: 131: 118: 109: 105: 91: 80: 73: 71: 67: 57: 49: 45: 41: 39: 35: 17: 16: 15: 336:29 November 310:29 November 285:29 November 260:29 November 230:29 November 96:set by the 27:British law 377:Categories 152:References 64:Background 167:A v Hoare 110:A v Hoare 74:A v Hoare 50:A v Hoare 33:in 2008. 18:A v Hoare 330:BBC News 305:BBC News 280:BBC News 194:Archived 128:Decision 25:case in 83:Leeds 338:2016 312:2016 287:2016 262:2016 232:2016 94:tort 72:"In 23:tort 122:MBE 56:in 379:: 328:. 303:. 278:. 248:. 223:. 148:. 89:. 340:. 314:. 289:. 264:. 234:.

Index

tort
British law
House of Lords
House of Lords
Leeds
Criminal Injuries Compensation Board
tort
Limitation Act 1980
Court of Appeal
European Court of Human Rights
MBE
intentional torts
Court of Appeal of England and Wales
A v Hoare
Limitation Act 1980
Law Commission Consultation Paper 151
Archived
Wayback Machine
per Lord Hoffmann at para 26
"The impact of the'Lottery Rapist'case on Limitation in Clinical Negligence Claims"
"One Crown Office Row - Article"
the original
"UK | England | West Yorkshire | 'Lottery rapist' freed from jail"
"UK | England | Tyne | 'Lotto rapist' threats man jailed"
"Lotto winning rapist's victim Shirley Woodman gets MBE"
per Lord Hoffmann at para 25
Categories
House of Lords cases
English tort case law
2008 in United Kingdom case law

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