The victim of a serial stalker is seeking damages from the Crown Prosecution Service, claiming the State failed to protect her.

Claire Waxman wants £5,000 compensation after the CPS dropped a charge against Elliot Fogel, who has repeatedly been convicted of harassing her and her family.

Fogel, 36, attempted to launch a civil case against Mrs Waxman in November last year, claiming she had conducted a "hate campaign" against him. Both he and Mrs Waxman are Jewish.

He was subsequently charged with breaching his life-time restraining order after gathering information about her to build his case. But the CPS later dropped the charge because it said the order could not be used to bar him from launching civil actions, and that his human rights would be breached if he were denied such an opportunity.

Mrs Waxman's lawyers told the High Court last week that the failure to prosecute Fogel had presented stalkers with the opportunity to use civil proceedings to harass their victims. She asked for damages and a declaration that the CPS decision was based on an error of law. Judgment in the case was reserved.

Fogel is awaiting sentence next month after being convicted of a separate breach of the restraining order. He was jailed in January 2010 for another breach.