River Wye pollution claim

Members of the community are bringing a legal claim against members of the Cargill UK poultry group (Cargill PLC, Avara Foods and Freemans of Newent) and Dŵr Cymru Welsh Water for their alleged pollution of the rivers Wye, Usk and Lugg catchments. If you want to join the thousands of people who want to hold these companies to account for their alleged pollution of the rivers, you can join the group claim.

By joining, you become a part of the legal claim insisting that these alleged polluters: 

• Own up: Be clear about the impact their operations have had on the region.  
• Clean Up the rivers: Stop any polluting activities and restore the health of the rivers. 
• Pay up: Pay for damage allegedly caused by their actions and help deter them from future pollution.  

The more members of the community who join the group claim, the more likely it is that a court will order alleged polluters to stop polluting and restore the rivers. 

The rivers Wye, Lugg and Usk are some of the UK’s most historically and culturally significant rivers. Unfortunately, over recent years, the health of these rivers have been reported to be in decline, such that Natural England downgraded the health rating of the Wye and Lugg to ‘unfavourable declining’ in 2023. 

We allege that this decline is primarily the result of pollution from poultry manure and sewage. 

We allege that the industrial scale poultry operations of the Cargill UK poultry group is the single largest source of river pollution: 

• Over the last ten years, poultry numbers in the area have risen from less than 13 million in 2013, to just over 20 million by 2021.  We understand that the Cargill UK poultry group are responsible for around 75% of these birds. 
• The consequence of this rapid growth in poultry farming has been a corresponding increase in the volume of phosphate-rich chicken manure, which is spread on land by farmers across the catchment.  It is understood that due to the land in the region already being oversaturated in phosphorus, the phosphorus, along with other nutrients from the manure run off into the rivers Wye, Lugg and Usk. 

The high concentration of intensive poultry units has also had an alleged impact on neighbouring properties, which are affected by the smells, noise and insects caused by intensive poultry farming.

The Cargill UK poultry group reject the allegations. 

It is alleged that the second single largest source of river pollution is sewage pollution caused by Dŵr Cymru Welsh Water. 
 
According to data provided by Dŵr Cymru Welsh Water and the regulators, Dŵr Cymru Welsh Water is regularly discharging untreated sewage into the rivers.  It is alleged that these discharges, together with treated sewage high in phosphorus and nitrogen forms, are further contributing to the high nutrient loads entering the rivers, intensifying the pollution and the associated environmental degradation. 

It is alleged that the pollution caused by the Cargill UK poultry group and Dŵr Cymru Welsh Water is responsible for the eutrophication of the rivers Wye, Lugg and Usk and the consequent decline in the health of the rivers. It is believed that the declining health of the rivers is impacting our clients’ rights, such as their ability to use the rivers recreationally or to attract customers to their businesses. 

The group legal claim is being brought in order to try and reverse the decline of the rivers by asking a court to order the alleged polluters to stop polluting the rivers and clean up their alleged pollution. The legal action will also seek to hold the alleged major polluters in the area accountable through demanding compensation for the harm the community has allegedly suffered. 

Leigh Day believes that the Cargill Group’s poultry operations are the single largest source of the pollution in the rivers. However, it is alleged that Dŵr Cymru Welsh Water’s sewage pollution is the second-largest single source and following a recent change in the law, Leigh Day is now able to extend the claim to include Dŵr Cymru Welsh Water. 

Although it had previously been extremely difficult to bring a case against a sewerage company, a Supreme Court judgment in July 2024 has made it much easier. 

Leigh Day can therefore rely on this ruling to hold Dŵr Cymru Welsh Water accountable for its alleged contribution to the pollution and it is already bringing similar legal actions against other sewerage companies, such as on behalf of the community of Exmouth against South West Water.

It is alleged that the two major sources of pollution in the rivers Wye, Lugg and Usk are:

1. The intensive poultry farming operations of the Cargill UK poultry group which allegedly causes phosphorus-rich manure to accumulate in the region and be spread on fields.  When run-off occurs from fields, for example during rain, the phosphates pollute the rivers. 
2. The operations of Dŵr Cymru Welsh Water: untreated and treated sewage, both high in phosphates, are regularly discharged into the rivers.

It is widely accepted that high concentration of phosphates in the rivers causes algal blooms, which in turn limits oxygen in the river, making it hard for wildlife to survive. This decreases the health of the river and the surrounding ecosystems.   

Algal blooms can also be unsightly and odorous, resulting in insect swarms. Blue algae can also be especially harmful to animals, such as pets and livestock, and can even harm humans who come into contact with it.  

Campaigners have said that without immediate and meaningful action, the rivers could suffer irreversible ecological damage.  

Leigh Day is bringing the claim to clean up the rivers Wye, Lugg and Usk as well as to compensate the local community for loss caused by the pollution. 

As part of the claim, we will seek injunctive relief from the alleged polluters. This might involve a court order for the alleged polluters to change their allegedly harmful practices to prevent future pollution, as well as for polluters to undertake measures designed to restore the health of the rivers. 

Injunctions are only granted when the court thinks it is the fairest solution. In English environmental pollution cases, judges consider the scale of the impact of the pollution when they decide whether or not to grant an injunction. Judges often weigh the level of impact and the number of people impacted against the money it might cost the company to clean up or change their operations.    

This is why it is so important that those impacted join the claim. The pollution of the rivers Wye, Lugg and Usk has affected the entire community. 

You do not have to be a property owner to join the claim. If you rely on the rivers Wye, Lugg and Usk and the surrounding nature for your hobbies, or your fitness, or your mental health, then you can join the claim and seek an injunction to stop the pollution.

Generally, only polluters can be liable under private law, not bodies that fail to prevent pollution. In the river Wye, Lugg and Usk, the main cause of pollution is alleged to be the operations of the Cargil UK poultry group and Dŵr Cymru Welsh Water.    

Regulators, like the Environment Agency, Natural Resources Wales, or Ofwat are not normally liable in private law for failing to prevent private companies from causing damage, even if the public body knew about the pollution or had effectively stopped pollution in the past. Local planning authorities are not generally liable for grants of planning permission unless they create danger (rather than permitting danger to be created by a private company). 

Private law distinguishes between those who fail to stop pollution or even permit pollution and those who actively pollute.  

Leigh Day recognises the failure of the regulator to protect rivers. This is why our public law team recently brought a separate action to hold the Environment Agency accountable over the decline in health of the river Wye. You can read more about the public law action here: Farming practices will have to change, rules judge following River Action claim over River Wye

Leigh Day says the alleged two largest polluters in the area, the Cargill UK poultry group and Dŵr Cymru Welsh Water must also be held responsible for the alleged impact of their operations on the rivers and the surrounding community. 

This private law action will take these companies to court over the damage they have allegedly caused.

In January 2023, a U.S. court found that a member of the Cargill group, the same corporate group as the Cargill UK poultry group, had polluted a river in Oklahoma with phosphorus through poultry farming.  

In July 2024, the UK Supreme Court delivered its judgment in the case of the Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd. This ruling saw a change in the law, with the Supreme Court deciding that nuisance claims can be brought against water companies in a wide range of circumstances. Following this change in the law, Leigh Day is bringing other sewage pollution cases including a community-led claim in Exmouth against South West Water. Leigh Day is also representing the swimmer Jo Bateman to defend her right to swim in an unpolluted sea. 

In the UK, many successful compensation claims have been brought where bodies of water were disrupted/polluted or when private property rights were affected by substance run-off. 

The claim argues that it is unlawful for the Cargill UK poultry group and Dŵr Cymru Welsh Water to continue impacting the region in this way, which interferes with the private rights of property owners and/or the public rights of members of the local community.  

Property owners have a legal right to enjoy their property rights without major interference from another party. Those rights include the right for waterside properties not to have the water outside their property polluted and the right to sit in a garden free from strong odours from neighbouring intensive poultry units or sewage infrastructure. 

Additionally, those impacted by sewage pollution, such as members of the community who have had sewage washed up on their land, might be able to claim in private nuisance. The Cargill UK poultry group and Dŵr Cymru Welsh Water’s activities are, therefore, alleged to be causing a ‘private nuisance’ and breaching these property rights. 

Members of the local community have a legal right not to have their comfort particularly impacted by the activities of another party. Through river, odour, insect and noise pollution, the Cargill UK poultry group and Dŵr Cymru Welsh Water are alleged to be causing a ‘public nuisance’ and breaching this public right. 

The compensation you can claim if you win your legal claim will depend on the type of loss you have suffered and a number of other factors. For example, we estimate that:  

If you have suffered a reduction in your property value as a result of the pollution of the river Wye, Lugg or Usk catchments, you may receive a percentage of your property value.  

If you have suffered substantial business losses as a result of pollution of the Wye, Lugg or Usk catchments, you may receive a significant amount that relates to the profits your business has lost over the period.  

If you have suffered significant discomfort from living close to an intensive poultry unit, a combined sewer overflow or a wastewater treatment plant, you may be entitled to compensation. This applies to claims of private nuisance by odour and insects resulting from proximity to these sites. 

If you have suffered particular discomfort owing to the restriction of your riverside hobby, you may receive thousands in compensation.  We will consider throughout the claim any additional losses you may have suffered as a result of the pollution of the Wye, Lugg and Usk catchments, and will keep you updated if there are any changes.

By joining the claim, you may be able to seek remedial action.  If successfully sought, the defendants could be ordered by the Court to clean up affected rivers such as the river Wye and/or significantly reduce polluting activities going forwards.  Such measures are likely to be vital to the long-term recovery of the region.  

If the claim is successful, you may also be able to seek an injunction preventing defendants from continuing to pollute the Wye, Lugg and Usk catchments. Whilst Cargill and Avara have put in place a plan to address the chicken manure produced from its operations and Dŵr Cymru Welsh Water have stated they are investing into their infrastructure, if these plans are ineffective, you may be able to compel these companies to take other steps to prevent future pollution. 

In addition, compensation that the defendants may be required to pay should act as a strong deterrent against companies polluting rivers in the future. In particular, it will send a powerful message to the shareholders of these companies and to other companies that the cost of causing pollutions is too expensive.

If you join the claim, Leigh Day will bring a legal action on your behalf. You will receive updates from us about the progress of the litigation and will sometimes have to provide information on your claim. 

Generally, claims brought on the basis of nuisance must be commenced within six years of the date on which the claimant suffered the loss as a consequence, or (if later) the date on which they became aware of the loss and its cause. This is known as limitation and if a legal claim is not commenced before limitation expires it generally may not proceed.  

The assessment of limitation is fact-specific and we cannot provide individual advice during the sign-up process. 

We will bring these claims on a “no win, no fee” basis. You will pay no upfront money for Leigh Day to represent you in your claim.  

If you lose, you will not pay for Leigh Day’s services provided you have complied with the terms of the agreement you sign with us. 

If you win, you will pay us 30% of your compensation (excluding VAT) plus our expenses. This is the maximum you will have to pay us as any legal costs recovered will be offset against the sum you have to pay us.  

Please carefully review the retainer agreement documents downloadable during the sign up process and circulated to all clients by email, in particular your client care letter, for details of the terms on which we will represent you.  

If you have any questions regarding your retainer agreements, please email RiverWyePollution@leighday.co.uk and one of our team members will respond. Alternatively, you can call us at 02037277202. 

It is difficult to say at the early stages of an English litigation how long the claims might take. The length of claims depends on a number of factors which are often outside our control, including the approach that Avara and any other defendants will take in the litigation. In our experience, group claims of this type may take three to five years to take all the way to trial. The length of time the claim takes will depend on any complexities arising within the litigation, and whether settlement can be achieved at an earlier stage.  

We will update you regularly with more information on the timescale of your case, particularly in relation to timescale for next steps, which can usually be predicted more accurately.  

We are at a very early stage of the claim, where we are still gathering information and evidence.  

If the defendants defend the claims and we need to commence court proceedings, there are mechanisms available to help efficiently progress large group actions involving a large number of related claims. In particular, it is possible to ask the Court to grant a Group Litigation Order, which allows for claims with common/related issues to be heard and managed together rather than on an individual basis. 

While we will not hesitate to initiate court proceedings when appropriate to achieve our clients’ aims, we will also explore all possible ways of achieving your objectives, including mediation or some other alternative dispute resolution procedure, if appropriate and where your opponents agree to engage.  

At this stage it is too early to say definitively what documents you may need to provide in support of your claim. It is likely that some key issues can be dealt with on a group basis with the assistance of appropriate expert evidence.  

However, among others, we may request your documents that evidence any losses you claim to have suffered. This may include, for example:  

• Proof of ownership of the affected property rights;
• Evidence of loss of earnings of your business, such as your accounts;  
• Evidence of where your use/enjoyment of property or the rivers have been affected; and/or 
• Vet invoices.  

We will provide all our clients with regular updates, particularly after significant milestones in your claim.  

If you have any questions regarding your retainer agreements, please email RiverWyePollution@leighday.co.uk and one of our team members will respond. Alternatively, you can call us at 02037277202. 

Oliver Holland is the partner on this claim. Celine O'Donovan, Rosio Cafarelli, Benji Gourgey, and a team of dedicated paralegals will assist him in the day-to-day running of the case.