Nigel Mott v Environment Agency

Nigel Mott v Environment Agency

It is equitable in all the circumstances to extend time for the Claimant to bring his claim, given the Defendant's involvement in ongoing litigation, the Claimant's reasonable delay pending resolution of earlier proceedings, absence of prejudice to the Defendant, and the Defendant's actual or constructive notice of...

Source-derived case information.

Parties
Claimant: Nigel Mott; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
10 August 2025
Procedural Posture
Civil / Preliminary Issue on Limitation
Outcome
Extension of time granted; claim may proceed.
Legal Topics
Limitation Period, Compensation for Deprivation of Property, Judicial Review, Article 1 of the First Protocol (a1 P1), Extension of Time
Human Rights Administrative Law Environmental Law Limitation Period Compensation for Deprivation of Property Judicial Review Article 1 of the First Protocol (a1 P1) Extension of Time

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Summary, issues, holding and outcome

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Parties

Nigel Mott

Claimant

Environment Agency

Defendant

Procedural Posture

Civil / Preliminary Issue on Limitation

Legal Issues

  1. 1 Whether the limitation period for bringing a claim under the Human Rights Act 1998 should be extended for claims relating to fishing licence conditions imposed in 2015-2018
  2. 2 Whether delay in bringing proceedings is justified and equitable in all the circumstances

Ratio Decidendi

It is equitable in all the circumstances to extend time for the Claimant to bring his claim, given the Defendant's involvement in ongoing litigation, the Claimant's reasonable delay pending resolution of earlier proceedings, absence of prejudice to the Defendant, and the Defendant's actual or constructive notice of a likely claim.

Court Disposition

Extension of time granted; claim may proceed.

Orders

  • Time for bringing proceedings under section 7(5) of the Human Rights Act 1998 is extended for the Claimant's claims relating to fishing licence conditions imposed in 2015-2018.