A LEGAL claim challenging river pollution in the Wye and Usk catchment areas has been filed at the High Court. Almost 4000 people have joined the action, making it the UK’s biggest-ever environmental pollution lawsuit.
The court action is against industrial chicken production firms Avara Foods Limited and Freemans of Newent Limited, as well as sewage company Welsh Water, Dwr Cymru Cyfyngedig, which are accused of extensive and widespread pollution in the rivers Wye and Lugg and their tributaries. Welsh Water is blamed for pollution in the river Usk.
The three companies have denied the allegations to law firm Leigh Day, which represents the claimants.
Now, the claims have been served on the defendants, and the Particulars of Claim are with the High Court. Avara, Freemans and Welsh Water must file a defence and, unless the claim is settled, it will be heard in a civil trial at the High Court, said the solicitor. The defendants also have the right to apply for the claims to be struck out.
The 3943 people who have signed up to be claimants are residents, local business owners or people who use the rivers Wye, Usk and Lugg for leisure and family time. They include people with riverside properties or fishing rights and other householders or tenants who live or run businesses near to intensive poultry units, chicken growing farms or sewerage infrastructure. Businesses who rely on local tourism and river activities have also joined the claim.
All allege that the two poultry producers and water company are responsible for river pollution and therefore the severe impact it has had on businesses, recreation, tourism and property values since August 2019 and are asking the court to award substantial damages for that period. They are also asking the court to order all three companies to clean up the rivers and restore them to health.
A key section of the claim is brought on behalf of people impacted by the Lugg Moratorium, a building ban in force around the river Lugg since 2019 in an attempt by Herefordshire County Council to protect the river from further pollution. It is estimated that the moratorium has cost individual claimants tens of thousands of pounds in the period since 2019 in planning fees and financial losses.
A public statement issued by the solicitor said that the claim against Avara, Freemans and Welsh Water alleges that pollution has been caused by water run-off from farm land containing high concentrations of phosphorus, nitrogen and bacteria resulting from the spreading of thousands of tonnes of poultry manure and sewage bio solids. It also alleges bacteria and nutrient pollution has been caused by the discharge of sewage directly into the rivers from Welsh Water sewerage systems.
High concentrations of phosphorus and nitrogen in the river have caused substantial growth of algae which cuts oxygen, suffocating fish and harming fauna, leading to key species deaths, as well as reduced growth and bad smells as it decays.
The claim alleges the pollution has caused private nuisance, public nuisance and trespass (from sewage deposited on the river bed) as well as negligence, and that the deposit of manure and bio solids on agricultural land is a breach of section 73(6) of the Environmental Protection Act.
The legal claim calls for damages for the impact on local properties of odours, insects and noise nuisance at 101 industrial chicken growing farms at least, as well as sewage pumps and treatment plants.
The claim is led by Leigh Day international and group claims partner Oliver Holland, who said: “We see this legal claim as the culmination of an extraordinary effort by local community members and campaign groups to research, monitor and advocate for their rivers. The claimants have watched their rivers become the subject of national press coverage, public campaigns, Parliamentary debates and government pledges. Formally commencing this legal action is a concrete step towards protecting these vital national ecosystems.
“The court will now hear leading experts on the allegations of environmental harm and will be asked to order those responsible to clean up these rivers and restore these communities and wildlife that depend on them.
“This is the largest legal action concerning environmental pollution ever brought in the UK. In a context where government and regulators have failed to prevent the degradation of our rivers the court has become the last avenue for justice. Our clients believe they have no other option but to seek accountability through the legal system – and this marks the next step in that journey.”
Oliver Holland’s legal team also includes solicitors Celine O’Donovan and Benji Gourgey. The team have instructed Anneliese Day KC at Fountain Court Chambers, Russell Hopkins at Temple Garden Chambers, Catherine Dobson at Matrix Chambers, Nicholas Ostrowski at Six Pump Court and Alistair MacKenzie at 2 Temple Gardens.
The defendants were served with the claim as of September 15. The pleadings were filed with the High Court on September 19.
