More than 1,300 people are suing Welsh Water, Avara Foods and Freemans of Newent over alleged pollution in the River Wye and River Usk, in a case being heard at the High Court
There have been claims that agricultural pollution and sewage has caused damage to the rivers Wye and Usk(Image: Mike Kemp, In Pictures via Getty Images)
A successful lawsuit brought by more than 1,300 people over pollution in the River Wye and River Usk would leave less funding available for infrastructure investment, lawyers representing Welsh Water have told the High Court.
The group is pursuing legal action against the water company, Avara Foods, and its subsidiary Freemans of Newent, claiming that agricultural pollution and sewage has caused damage to the rivers and their tributaries while also creating a nuisance to local residents through odour, insects and noise.
Welsh Water, Avara Foods and Freemans of Newent are all opposing the claim. Always keep on top of the latest Welsh news with our newsletter
Anneliese Day KC, representing the claimants, stated in written submissions for a preliminary hearing on Monday (April 27): “As a result of pollution for which the defendants are responsible through their agricultural/sewage-related activities, the health of the River Wye, the River Usk and their tributaries has declined.
“The ecological decline of the rivers has caused harm to the claimants, who bring claims for substantial damages and injunctive relief against the defendants.”
She confirmed that 1,309 people have joined the claim to date, while approximately 300,000 people reside within the Wye and Usk catchments and “depend on the rivers as a shared environmental resource”.
Geraint Webb KC, acting for Welsh Water, argued in written submissions that there is an “evident paradox” in pursuing the claim, given that Welsh Water operates as a not-for-profit company.
He stated: “If the claimants were to succeed in recovering damages in these proceedings from Welsh Water then the effect would be to reduce the monies available to Welsh Water for infrastructure investment, as well as giving rise to the risk of adverse impacts on services to customers, communities and the environment.”
He further argued there is “nothing normal” about how the claim has been initiated, drawing attention to an advertisement placed by the solicitors involved, Leigh Day, which implies individuals can participate if they utilise the river for recreational purposes.
Charles Gibson KC, representing the food companies, said the group’s claim that fertiliser has caused pollution is “entirely inferential and is an oversimplification”.
In written submissions, he said: “Their claim is fundamentally misconceived in law and in fact, lacking in any proper scientific basis, and misunderstands how poultry farms in fact operate.”
The barrister also emphasised that claimants should demonstrate how they have been individually impacted and provide an approximate timeframe for when this commenced.
He stated: “In all of these causes of action, it will be critical for each claimant to establish not merely that some parts of the River Wye and its tributaries had been polluted, but that the claimant himself or herself was personally affected by that pollution, and that such pollution actually caused him or her actionable loss and damage.”
Judge David Cook likened the claim to an “omnibus” which “anybody can get on board”, but stressed that “anyone who wishes to get on board the bus must plead a case”.
The judge went on to say: “The way the claimants have gone about this is more akin to signing a petition.”
He further added: “I was quite frankly taken aback by how the claimants have gone about this.
“It seemed to be their way or the highway.”
The proceedings concluded on Monday, with a subsequent hearing anticipated at a later date.