MR JUSTICE NICOL:
1.
This is an application by the claimant for permission to re-open his application for
permission to appeal against an order of Master Yoxall, which was dated 24th June
2014, and for various other relief.
2.
Master Yoxall granted summary judgment in favour of the University of
Loughborough, the second defendant in the claim as originally brought. He
subsequently ordered the claimant to pay the second defendant’s costs.
3.
The procedural history and background to the claim is lengthy and I shall try to
summarise it. In 2008 the claimant became a student at the University of
Loughborough. In March and April 2010 there were a number of complaints of sexual
assault against male and female students. In particular a complaint of rape was
reported to the Leicestershire Police on 30th March 2013.
4.
On 3rd May 2010 an informant, who was neither an employee nor officer of the
university, approached the university’s security staff and said the claimant had behaved
and said things which were suspicious, in connection with the sexual assaults. The
university’s security staff called the police. Because the informant was nervous the
security staff remained with the informant during the police interview. The informant
gave at least part of the claimant’s name, though probably not all of it. The informant
was also able to give the claimant’s address in Loughborough.
5.
The security staff filed an incident report which noted:
“The police have taken the suspect’s details and will sent (in the report it is SE-N-T, but that is obviously a mistake for send) the appropriate Data
Protection documents the next time a PCSO or a police officer visits the
campus.”
6.
The details of the claimant which were provided to the police were a copy of his
information, recorded by the university on a registration form. That gave his full name,
his Loughborough address -- which as I have said, the informant had already given -his date of birth and his address in London.
7.
At some stage the university also received a form dated 4th May 2010. This is a preprinted form with the headline: “Request for personal data to assist with enquiries” and
its addressed to the security office, CID of Leicestershire Constabulary and had been
completed by DC Fell, who was one of the investigating officers, and was
countersigned on the same day by another police officer called Wheeler. The preprinted form includes a space for a response, that is blank on the copy in the
university’s files. As I say a copy of that form was on the university’s file, although
the university is not able to say when or how it was received, except that the university
does now accept that it must have arrived after data about the claimant was provided to
the police on or about 3rd May.
8.
The police went to the address of the claimant at his home in Loughborough and he
was arrested there on 5th May 2010. He was bailed. It is right to record that he was