The actor, director and playwright Steven Berkoff is to undergo a rare civil trial for rape after losing his battle yesterday to have the case thrown out on a legal technicality.

The decision, at the Central London county court, means the theatrical iconoclast - also known for his villainous roles in the films A Clockwork Orange, Rambo and Octopussy - will take the stand to defend himself against allegations he raped and assaulted an actress seven years ago in a racially aggravated attack.

After the hearing, Mr Berkoff's solicitor, Alistair Pepper, of Peter Carter-Ruck and partners, said his client, who was absent from court, would be seeking leave to appeal - a move denied him by the judge yesterday.

"He is obviously very disappointed. He had hoped the entire case would be thrown out. We will be seeking to appeal, and if it goes to trial we will be strongly defending the action," Mr Pepper added.

The alleged victim, who sported dark glasses throughout the hearing, and who cannot be named for legal reasons, said: "I am very happy. Really, really happy. It's such a relief."

Her solicitor, Peter Todd, of Hodge, Jones and Allen solicitors, added that she looked forward "to justice being done at a forthcoming trial of the action, hopefully as soon as possible."

The trial, which could be at the high court, is expected to go ahead within nine months.

According to papers lodged at the county court last August, the allegations concern a rape and assault at an unnamed location on September 4 1994.

The alleged victim is claiming damages believed to be up to £500,000 for "assault and rape, including pain and suffering, and loss of income and opportunities and out of pocket expenses".

She also claims the alleged attack was aggravated by racial abuse.

Mr Berkoff, 63, who has never had any criminal charges brought against him over the alleged attack, had sought to have the case dismissed on the grounds the writ for damages was not properly served during the required four month time period.

However, yesterday, Judge Christopher Wigfield ruled it was valid since the alleged victim had "at the 11th hour" taken it to Mr Berkoff's solicitor's office and handed it over to a personal assistant.

The fact that Mr Berkoff then instructed his solicitors in a phone call not to receive it, and that the victim later took it away with her did not invalidate this.

"At the time when the papers were handed in, the authority that they had their client's instructions to accept service still applied and had not been revoked," he ruled.

Judge Wigfield also set aside a default judgment, made in January after Mr Berkoff failed to respond to a writ, which would have meant the actor being found liable for damages without being able to contest the claims.

Ruling that a full trial should go ahead, the judge said: "The allegations are of a serious kind and the defendant has made it very clear in evidence that - he strenuously denies the allegations made and has a complete and credible defence."

Should the case prove successful, it would be only the third time in British legal history that a woman was awarded damages for rape without the allegations having been subjected to a criminal trial.

Civil courts require a lower standard of proof than criminal courts, with claimants only needing to prove their case on a "balance of probabilities," rather than, as in criminal courts, "beyond reasonable doubt".