Welsh Water added to list of companies alleged to pollute Wye

Law firm Leigh Day, which specialises in environmental litigation, has added Welsh Water to the list of companies it is pursuing in the courts for compensation relating to pollution in the Rivers Wye, Lugg and Usk.

It says sewage spills by the company make Welsh Water accountable for pollution that has allegedly had a negative impact on both individuals who use the rivers, and other businesses that depend on them.

See also: Law firm to seek compensation for River Wye pollution

Leigh Day started preparing a case against poultry processor Avara Foods, its 50% shareholder Cargill, and subsidiary Freemans of Newent in March 2024.

It says “thousands” of individuals and businesses in the various catchments have suffered from loss of earnings as a result of high levels of phosphorous and nitrate in the waterways, which it initially blamed on poultry production in the area.

Compensation for public nuisance and loss of earnings for affected businesses could run into the “hundreds of millions of pounds”, says Leigh Day.

‘Letter before action’ 

While the court case against Avara is ongoing, the lawyers have now issued Welsh Water with a so-called “letter before action”, effectively adding the water company to those who could be forced to pay compensation.

Leigh Day partner Oliver Holland said: “It is important that we hold all of the corporations that we allege are the biggest polluters of the Wye, Lugg and Usk to account in the legal action.

“We believe that the evidence points to Welsh Water as a major contributor. This legal action is not just about a single company or entity – it is about ensuring more widely that enough is being done to stop UK rivers and waterways from deteriorating.”

Cargill, Avara and Freemans of Newent have all strongly denied the allegations, while a spokesman for Welsh Water insisted the company takes its responsibility for protecting the environment seriously.

“Over the next five years we will invest £2.5bn to improve the environment,” he said.

“Last spring we completed seven investment schemes, totalling £53m on the Wye – a year ahead of schedule.

“We are currently investing heavily to the benefit of the Usk, with £20m on our assets on the river and another £13m on a green alternative to a storm overflow.”

Leigh Day’s action is being undertaken on a “no win, no fee” basis, but if successful, the firm will retain 30% of any compensation paid.