Legal claim launched for Exmouth businesses impacted by sewage spills

The claim will be brought against South West Water (SWW), which manages sewerage infrastructure in the region. It will be the first community-led claim against a water company since it was made possible to bring such claims against water companies by a landmark Supreme Court ruling earlier this year.

The claim will allege that operations by the water company responsible for sewage pollution in Exmouth have led to a fall in tourism and other activities in the area, which has affected local residents and businesses.

The claim launch comes after wild swimmer and Exmouth resident Jo Bateman, also represented by Leigh Day, began legal action against SWW in January. Jo's claim argues that sewage being discharged into the sea by SWW has left her unable to swim at Exmouth Beach on numerous occasions.

Through working on Jo’s claim, Leigh Day met with residents and businesses in Exmouth who say they have also been impacted by sewage pollution. These included businesses reliant on tourism, sea fisheries, wild swimmers and water sports enthusiasts.

Some 300 people then attended a meeting with Leigh Day to voice their anger about sewage spills that they blame for a downturn in tourism, as well as their reduced enjoyment of Exmouth Beach and the surrounding area.

Now a legal claim against SWW is being launched aiming to hold the water company accountable for its pollution. The claim also intends to ensure that businesses and individuals are compensated for the losses they have suffered.

The legal claim is in part based on the landmark Supreme Court ruling earlier this year which determined that claims against sewage companies for nuisance caused by discharges into public waterways could now be brought. It represents the first community-led legal action of its kind since this ruling.

Sewage discharges into the sea and River Exe have been previously acknowledged by both the Environment Agency (EA) and SWW in recent years, with the EA having issued multiple ‘do not swim’ warnings and SWW publishing notices on its website advising that discharges may affect the condition of the water.

SWW has previously been reported as one of the worst rated water companies in England for water pollution, having been given two stars out of a possible four in an Environmental Performance Assessment report for 2022 by the EA. The company is also facing 30 charges relating to illegal water discharges and breaches of environmental permits between 2015 and 2021 across Cornwall and in Plymouth.

Figures from the EA have shown that SWW discharged more than half a million hours worth of sewage into waterways in 2023.

Anybody who has expressed an interest in the claim should receive direct contact from Leigh Day soon.

To join the legal action, follow the link here.

Leigh Day partner Oliver Holland said:

“Since representing Jo Bateman in her case against South West Water, it has become clear that sewage pollution is an issue many people and businesses in the Exmouth community feel they have been affected by. Having met with local representatives to investigate and discuss next steps, we are now launching this legal claim against South West Water.

“This is a groundbreaking legal action and is the first time a community has mobilised to hold a water company to account by taking advantage of a change in the law following the recent Supreme Court decision. This legal action has the potential to not only hold South West Water to account for their pollution in Exmouth, but also to deter water companies from polluting rivers and seas up and down the country.”