A legal action against South West Water over sewage pollution in Exmouth, Budleigh Salterton and Lympstone has been expanded to include coastal towns across Devon and Cornwall.
Photo courtesy a.froese - originally posted to Flickr as Fistral Beach
The legal claim led by law firm Leigh Day will now be open to people living in Dawlish, Sidmouth, Teignmouth, Newquay and Penzance.
According to the company. he expansion means the claim has the potential to be as big as the environmental legal claim being run by Leigh Day over pollution in the Wye Catchment. Currently the Wye claim, against Welsh Water and Avara Foods poultry group, is the biggest ever to be brought in the UK over UK pollution.
The Exmouth expandedt claim is the first environmental group legal claim by a coastal community against a water company to tackle sewage pollution in the UK.
They group legal claim against South West Water and owners Pennon Group Plc relates to allegations that the companies are responsible for sewage pollution affecting their coastal communities.
It argues SWW’s failings are wide and entrenched in many coastal towns across the Devon and Cornwall region, rather than just the Exmouth area, with a report from water regulator Ofwat identifying “systemic failings” by the water company.
The claim was initially brought on behalf of residents and businesses in Exmouth and Budleigh Salterton. It has since expanded to include other towns and beaches across South West Water’s area of appointment that are among the worst affected in the region. These include:
- Dawlish Warren and Dawlish (Devon)
- Sidmouth and Salcombe Regis (Devon)
- Teignmouth and Holcombe (Devon)
- Fistral Beach (Newquay, Cornwall)
- Longrock Beach (near Penzance, Cornwall)
Leigh Day said that according to local reports, South West Water repeatedly discharges large volume of untreated sewage, with detrimental consequences for the condition and usability of these beaches.
The law firm is bringing the claims under a Damages Based Agreement (DBA) – claimants will pay no upfront fee for Leigh Day to be represented in the claim. Provided a claimant has complied with the terms of the agreement signed with Leigh Day and not cancelled it outside a 14 days window, or the case is lost, they will not pay for Leigh Day’s services out of their own pocket. Claimants will only be charged a percentage of the compensation awarded if the claim is successful. The maximum they will be charged is 35% of any compensation they receive plus VAT.
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