Law Firm Leigh Day has commenced a legal claim on behalf of nearly 4,000 people, accusing poultry producers and others of polluting the Wye and Lugg rivers.
Avara Foods Limited and Freemans of Newent Limited were blamed for the alleged pollution of the rivers Wye and Lugg, alongside Welsh Water, Dwr Cymru Cyfyngedig. Welsh water also received blame for the pollution of the river Usk.
Represented by law firm Leigh Day, the 3,943 claimants alleged that the companies were responsible for the impact that the river pollution has had on businesses, recreation and property values since August 2019, calling on the court to award damages for the period.
The claim alleges that pollution has been caused by water run-off from farmland containing high concentrations of phosphorus, nitrogen and bacteria resulting from the spreading of thousands of tonnes of poultry manure and sewage bio solids. The claimants have asked the court to order the companies to restore the rivers to health.
Claimants stated that pollution has caused “private nuisance, public nuisance and trespass” (from sewage deposited on the riverbed) 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.
“We believe that this legal claim is based on a misunderstanding, as no manure is stored or spread on poultry-only farms that supply Avara Foods.”
A spokesperson for Avara Foods said: “We share concerns about the condition of the River Wye, but we believe that this legal claim is based on a misunderstanding, as no manure is stored or spread on poultry-only farms that supply Avara Foods.
“Where poultry manure is used as fertiliser, it is for other produce in other agricultural sectors. Individual farmers are responsible for how nutrients are used in their arable operations. Avara is not involved in any arable operations and has no control over this activity. All our poultry is produced in Britain to standards that are amongst the highest in the world.
“The focus instead needs to be on solutions that will improve the health of the river, addressing all forms of pollution and the effects of climate change, and for action to be taken accordingly. We employ 5,000 people in the UK and approximately 1,500 people in the catchment area, and we all want a healthy River Wye.”
Oliver Holland, group claims partner at Leigh Day and lead on the claim, commented: “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.”
Avara, Freemans and Welsh Water have denied the claims and must now file a defence.
