Exmouth businesses ask law firm to investigate sewage spill claim against South West Water

Jo Bateman says that since 2020 she has been unable to swim at Exmouth Beach across hundreds of days because of sewage being discharged into the sea by South West Water which is responsible for sewerage infrastructure in the area. 

The retired physiotherapist is represented in her legal action by law firm Leigh Day supported by the Good Law Project. 
 
Now an environment solicitor on Jo’s team, Benji Gourgey has met with up to 20 representatives of Exmouth businesses who claim their businesses have been affected because of the impact of sewage discharges on tourism in the area. 
 
Leigh Day is exploring the possibility of bringing a similar legal claim on behalf of the Exmouth businesses and wider community. 
 
Another meeting is planned with the community on Tuesday 17 September. It is expected that those attending will be businesses who rely on tourism, wild swimmers and water sports users. 
 
A Supreme Court ruling in June opened the way for claims against sewage companies for nuisance caused through their combined sewer overflow (CSO) discharges. 
  
Leigh Day is investigating the potential for a claim for loss of amenity resulting from South West Water sewage discharges causing nuisance to the Exmouth population. 
 
South West Water have been regularly criticised for their poor performance on sewage management and are regarded as one of the worst rated for water pollution, having discharged for over a half a million hours in 2023. The company is facing 30 charges relating to illegal water discharge activities and breaches of environmental permits over a six-year period in Cornwall and Plymouth. 
 
Leigh Day solicitor Benji Gourgey said:  
  
“Leigh Day represents wild swimmer Jo Bateman in her claim against South West Water over sewage pollution affecting Exmouth Beach which means she is often unable to swim in the sea.
 
“We are also working closely with the wider community and are investigating possible legal solutions to the ongoing sewage pollution that is impacting Exmouth as a whole.”