South West Water sewage pollution claim

Represented by Leigh Day, local residents, swimmers and businesses are bringing a group legal action against South West Water for the alleged impacts of sewage pollution in their coastal communities. Scroll down to find out which specific towns.

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Update 23.02.26: Claim expands across Devon and Cornwall – Letter Before Action issued to South West Water and parent company Pennon Group PLC. Lead partner Oliver Holland describes this as “an important step in the claim”.

Which towns have been impacted by sewage pollution? 

As sewage pollution continues to affect the lives and livelihoods of coastal and river-based communities throughout the UK, residents and businesses in the South West are taking action. They are bringing a group legal claim against South West Water Limited (South West Water) and Pennon Group Plc in relation to allegations that these companies are responsible for sewage pollution affecting their coastal communities.   

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) 

As highlighted in the recent Channel 4 docudrama, Dirty Business, sewage pollution is a widespread and severe issue across the country. The communities identified in this claim are among those most severely affected across the South West. 

Local beaches play a vital role in these communities, with local economies heavily dependent  on tourism. They are also culturally and socially significant, providing opportunities for sea swimming, water sports and access to the coastline. However, 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 effects of these discharges have been acknowledged by both the Environment Agency and South West Water. In recent years, the Environment Agency has issued numerous ‘Advice Against Bathing’ notices in recent years, and South West Water has regularly stated on its website that discharges may affect bathing water quality.

More broadly, beaches across the South West have faced repeated disruption as a result of sewage pollution. The leader of East Devon District Council, Paul Arnott, has described the situation as an “ongoing civil emergency” following repeated closures from Seaton to Sidmouth. 

In 2022, Surfers Against Sewage identified Longrock beach as “joint worst” in England for sewage alerts. More recently, during the August 2024 Bank Holiday weekend, red flag warnings were raised on Exmouth Beach to prevent people from entering the water. Fistral beach has also been affected, with sewage alerts leading to the cancellation of surf events. 

Are there any costs?

We are bringing these claims under a Damages Based Agreement (‘DBA’). You will pay no upfront fee for Leigh Day to represent you in your claim. Provided you have complied with the terms of the agreement you sign with us, not cancelled it outside the 14 days window, or your case is lost, you will not pay for Leigh Day’s services out of your pocket. You will only be charged a percentage of the compensation awarded if the claim is successful. The maximum you will be charged is 35% of any compensation you receive plus VAT. Find out more on our FAQ page. 

Many people who live in the area or regularly visit the area will be able to join the claim, including if you:  

  • Use the beach or sea or estuary at one of the affected communities for hobbies and leisure and have been prevented from doing so as a result of sewage  pollution. 
  • Have a business that has been impacted by sewage pollution in one of the affected communities.  
  • Own or rent a property in one of the affected communities. For example, if your property has been affected by sewage leaks onto your land, or into a waterway adjoining your land, or by disturbance from South West Water’s tankers.  

You can join thousands of people holding South West Water to account through this legal claim for their alleged pollution of the sea, beaches and rivers in the affected communities By joining, you become part of the legal action to insist that South West Water:  

  • Stops the Sewage: Urge South West Water to stop allegedly unlawful sewage discharges by, among other things, investing in infrastructure. 
  • Cleans up the beaches: Hold South West Water to account for its alleged role in the state of the beaches.
  • Pays up: You could receive compensation for the impact on your life or your business allegedly caused by South West Water’s sewage discharges. 

The impact of allegedly unlawful sewage discharges on local communities is significant: 

  • It makes the estuaries, beaches and the sea ‘no go’ areas for the public.  
  • It disrupts hobbies and clubs (swimmers, rowers and surfers, to name a few) by blocking their access to the sea and the estuaries.  
  • It harms the area's businesses, which rely on the sea, and the visitors who flock to the area for the beach. 
  • Sewage and sewage tankers interfere with people's enjoyment of their property by causing noise and pollution. 

By joining the legal action, you will be part of over 1,000 individuals and businesses holding South West Water accountable for its alleged role in polluting your beaches, seas and estuaries.   

According to both South West Water’s own WaterFit website and the Environment Agency’s SwimFo website - South West Water repeatedly discharges large amounts of untreated sewage into bathing waters, which is having a detrimental impact on the  beaches and surrounding areas.  

The impact of these discharges is acknowledged by both the Environment Agency and South West Water, with the Environment Agency having issued numerous ‘Advice Against Bathing’ notices and even closing the beach altogether in recent years. On the back of these discharges, South West Water’s tankers allegedly cause widespread disruption. Residents of the affected communities are taking action against these alleged interferences with their rights to enjoy the prized coastal location and the unique beauty of their beaches. 

Affected by the pollution?

Starting your claim

Our sign-up process is straightforward and transparent. It only takes a few minutes to find out if you can join the South West Water Sewage Pollution claim 

We will ask a short series of questions to determine your eligibility.

Check your eligibility and join the claim now

We treat all personal data in accordance with our privacy policy.

Completing the form

Once you have completed the form, you will be asked to accept the claim terms (a Damages Based Agreement or DBA).

Our DBA contains the full terms for joining the claim. You will be able to view the document to read before signing the claim. To help cut through the legal jargon, we also provide a Client Care Letter and summary document outlining the key points of the DBA.  

We are bringing the claim on a no upfront fee basis, so you do not have to pay to join the claim. You will only be charged a percentage of the compensation awarded if the claim is successful. 

What happens after I sign up?

After we assess your eligibility and you agree to our retainer agreement, you will be signed up for the claim.

This is when we, Leigh Day, get to work:

  • We will send you an email to collect further information to progress your claim. 
  • We will provide all our clients with regular updates, particularly after significant milestones in your claim.  

At a later stage, we may request certain documents to support your claim, including:

  • Evidence of loss of earnings of your business, such as your accounts and client invoices.
  • Evidence of where your use/enjoyment of property or the beach and the sea have been affected. 
  • Correspondence you have had from South West Water. 
  • Proof of ownership (or lease) of any residential property affected by the sewage pollution. 

Our specialist environmental legal team is always happy to answer any questions about the claim. 

Contact the team:

General FAQs

The South West has some of the most spectacular coastline that is being severely  impacted by sewage pollution.

Exmouth Beach is often called the “gateway to UNESCO’s World Heritage Jurassic Coast”, while Sidmouth and Salcombe Regis form part of this acclaimed coastline.  Dawlish Warren is internationally recognised for its 500-acre National Nature Reserve. Teignmouth is distinguished by its long sandy beach and Victorian pier, making it one of Devon’s classic family seaside resorts. Fistral Beach is widely regarded as the “home of British surfing”, renowned for its waves and central role in UK surf culture. Longrock  Beach is celebrated for its expansive sands and panoramic views across Mounts Bay towards the iconic St Michael’s Mount.  

These beaches and seas are vital to their communities, with local economies heavily dependent on the tourism they attract. According to information published on South West Water’s WaterFit website and the Environment Agency’s  SwimFo  website,  South West Water repeatedly discharges large volumes of untreated sewage into bathing waters and estuaries in these areas, with detrimental effects on the beaches and their surrounding areas.  

The impact of these discharges is acknowledged by both the Environment Agency and South West Water, with the Environment Agency having issued numerous  “Advice Against Bathing” warnings in recent years and South West Water regularly stating on its website that discharges may affect the condition of the bathing water.  

Paul Arnott, the East Devon District Council leader, declared a state of “ongoing civil emergency” after beaches from Seaton to Sidmouth were repeatedly closed due to sewage discharges. Similar patterns of frequent beach closures have been  observed across the other communities included in this claim.  

South West Water’s sewage discharges have, among other things, led to  communities being advised at times not to use local bathing waters due to the health risk posed by sewage pollution. For example, during the August 2024 Bank Holiday weekend and the following week, red flag warnings were placed on Exmouth Beach to prevent people from entering the water. This followed a sewage discharge at Maer Road sewage pumping station and Maer Road Sewage Treatment Works, which flooded into Littleham stream.  

Similar disruption has occurred elsewhere. In 2024, Sidmouth’s annual sailing regatta and the Surf Lifesaving East Devon Championships were cancelled due to sewage overflow warnings and pollution forecast risks. A charity Santa surf event due to take place at Fistral Beach was also cancelled in 2024 following an overflow discharge the previous day.  

Sewage discharges do not just impact those who wish to swim. They also impact those who rely on the sea and beaches for recreational use, as well as residents and businesses who depend on clean coastal waters to attract visitors and customers. Anyone who has been affected by the sewage discharges in one of the affected  areas can join the claim at this stage.  

Leigh Day is aware that South West Water has continued to pollute despite an Environment Agency investigation, customer complaints, and other efforts to address the problem. The group legal claim is being brought as a last resort to hold South West Water accountable, seek compensation for the harm the community has allegedly suffered, and pursue a meaningful, long-term solution. 

The community-led group legal action is being brought against South West Water.  South West Water provides regulated water and wastewater services to a population of around 1.8 million across the South West of England, in addition to having over 10 million visitors a year. Services are provided to over 800,000 homes and 70,000 businesses. Its statutory revenue for 2024/25 was £739.2 million.  

In 2024, South West Water was identified as the worst-performing company in the sector nationwide for pollution incidents, with 189 actual pollution incidents. That is equivalent to 108 sewage pollution incidents per 10,000 km of sewer. The national average is just 47 incidents per 10,000 km. 

As numerous members of the community allege in this claim, South West Water’s poor performance and its discharges of sewage in the Impacted Towns have caused considerable harm to the communities. For example:  

  • Water sports enthusiasts and dedicated sea swimmers have had hobbies they rely upon for their well-being interrupted;  
  • Businesses allege they have lost revenue; and  
  • Residents report serious disruption from 24-hour convoys of waste service tankers brought in to remove raw sewage.  

This community-led claim against South West Water seeks to hold South West Water accountable for the harm it has caused.  

The claim is also being brought against Pennon Group Plc. Please see the below for more information about this Defendant.

Other relevant defendants may be identified as we continue investigating the claims. 

The community-led group legal action is also being brought against Pennon Group Plc (“Pennon”), the parent company of South West Water. Pennon is one of the UK's largest water and wastewater groups and owns a number of water businesses  operating across the UK. In its most recent financial year, Pennon derived around 70% of its revenue from South West Water’s operations. 

As South West Water’s parent company, Pennon is responsible for the group’s overall  strategy, governance, resourcing and risk management. All nine directors serving on South West Water’s board also sit on Pennon’s board. Pennon reserves to itself, in respect of all subsidiaries including South West Water, matters including risk management and approval or group wide policies and procedures. 

Pennon publicly states that it is responsible for reducing pollution and protecting bathing waters. However, our clients allege that Pennon failed to ensure that South West Water’s assets were adequately operated, maintained or upgraded. These failures have directly contributed to the sewage discharges and pollution.  

The legal action alleges that Pennon is jointly and severally liable with South West Water for the loss and damage caused by the pollution. Pennon has sufficient  knowledge of, and control over, the nuisance through its control over the key strategic, operational and compliance functions of its subsidiaries. The community-led legal action seeks to hold both companies accountable for the damage their actions have caused the communities.  

A Letter Before Action (LBA) is a formal letter which sets out the factual background to the claim and the legal basis on which it is brought. It is an important first step in litigation. The LBA was sent to the Defendants, South West Water and Pennon, on 6 February 2026.

The LBA sets out our clients’ claims, outlining the huge disruption they allege the Defendants have caused to their daily lives, hobbies, homes and businesses. The sewage pollution has significantly interfered with the lives and property of locals and regular visitors. In legal terms, the sewage has caused a public and private nuisance.

The Defendants have three months to respond to the LBA, indicating which factual and legal issues they accept or deny. This pre-action stage provides the Defendants  with the opportunity to engage constructively with the issues our clients face and work with us to avoid court proceedings. However, if the Defendants do not engage constructively, we will issue court proceedings and look to progress this claim through the High Court.  

If you are a client and wish to read a summary of the LBA, please contact us.  

Generally, only the polluters themselves can be liable in a civil nuisance case such as this one.  

Regulators such as Ofwat are not normally liable in private or civil law for failing to prevent private companies from causing damage. This private law action will seek to hold South West Water directly accountable for the harm it has allegedly caused to the environment and the surrounding communities.  

It is possible to challenge the decisions of Ofwat through judicial review. Leigh Day currently represents River Action in its judicial review challenge against Ofwat,  arguing that the regulator failed to properly oversee water companies and warning of subsequent price increases to customers. To find out more, please click here. 

This community-led group claim against South West Water is being brought following a development in the law.  

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. Prior to the Supreme Court’s ruling in that case, it was generally considered that, without evidence of negligence or deliberate wrongdoing, water companies (such as South West Water) enjoyed “statutory immunity” from civil nuisance claims because of the Water Industry Act 1991.  

The Supreme Court’s Manchester Ship Canal 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.  

This community-led group claim against South West Water will rely on the Manchester Ship Canal ruling to assert the Impacted Towns’ residents’ right to a legal remedy for the harm they have suffered. It is therefore a novel claim. Like all legal claims, particularly claims using new law, success is not guaranteed. However, our view is that the implications of the judgment are clear and that the claim has good prospects of success.

The community-led group legal action will argue that it is unlawful for South West Water to continue harming the region because sewage discharges cause a nuisance and interfere with the public rights of members of the local community to use beaches, the sea and rivers.  

Anyone who has been particularly impacted by the public nuisance has a potential claim. That might include people who regularly swim in the sea, or even those who rely on the beach for walks and walks with their dog.

Property owners and renters also have a legal right to enjoy their property without substantial interference from another party. For example, members of the community who have had sewage wash up on their land or whose fish farm has been harmed by sewage might be able to claim for private nuisance.  

Leigh Day will keep these claims under review as it gathers evidence. There might be additional claims against South West Water or other defendants, which may be added in due course.  

There are various options open to people who have had issues with sewage pollution.

If you wish, you may submit a complaint to the Environment Agency. The Environment Agency may investigate, and they could take enforcement action, which could include issuing fines or penalties, requiring the company to improve operations and/or taking legal action if they deem it necessary. However, the legal action would not be on behalf of a group of individuals.  

You may, of course, seek advice on your legal rights from a free legal advice service. It may also be worth checking whether you have legal cover included with any home insurance policy in your name. Such policies may sometimes provide funding for legal advice.  

Please note that Leigh Day is not able to provide individuals from the Impacted Towns with advice outside the group claim at this stage.  

We have provided a worked example below to illustrate how instructing us under a DBA works, where we act under a DBA on the same terms we are offering you in this case. 

Client enters into DBA for 35% of damages + VAT. Client wins their case and receives £10,000 in compensation. We also recover from the Defendant £2,000 towards our time costs.  

Costs the client is liable to pay Leigh Day:  

The DBA fee of 35% of £10,000 (damages / compensation):  

£3,500  

VAT @ 20%:  

£700  

 

 

Client total liability: (DBA fee + VAT)  

£4,200  

How the client pays those costs:  

Costs recovered from the Defendant:  

(£2,000)  

Balance taken from damages / compensation within 35% CAP:  

(£2,200)  

Which leaves monies from the DBA fee to be returned to client  

£2,000  

How much client receives of damages / compensation:  

£7,800  

In the above example, the client will only pay £2,200 from the £10,000 damages / compensation received i.e., only 22%, which includes all monies due to Leigh Day (the DBA payment and VAT).

The DBA payment will never be more than 35% of your damages (excluding VAT), irrespective of the number of claimants within the group. There will also be an insurance premium payable if your claim is successful to protect you from having to pay any adverse costs to the Defendant if the claim is unsuccessful, but payment of this will be included in the DBA payment of 35% of your damages (excluding VAT).  

Once you have checked that you are eligible to bring a claim, we will ask you to read through our funding agreement and sign it. You will then be a client of the firm.  

Please note that £10,000 is a hypothetical compensation figure purely for the purpose of illustrating how a DBA payment works in principle.  

Civil legal actions, such as the present community group claim, are typically initiated  when someone has suffered a loss or harm, which is then quantified as a monetary amount. Whilst compensating claimants for their loss is important for some claimants, many claimants are also concerned with putting a stop to the high number of  pollution  events in the Impacted Towns. The legal action may be able to achieve this in the following ways:  

  1. Compensation that the defendants may be required to pay should act as a strong deterrent against water companies polluting rivers and beaches in the future. In particular, it would send a powerful message to the senior management and the shareholders of South West Water that the cost of polluting is more expensive than the cost of doing the right thing.  
  2. It may be possible to seek injunctive relief which would mean South West Water could be ordered by a Court to significantly reduce its polluting discharges going forward or clean up areas of the Impacted Towns. Alternatively, a court may order South West Water to pay compensation for future losses, which would act as a further deterrent against pollution.  
  3. It may be possible to reach a settlement with South West Water in which they commit to carrying out the necessary improvements to the infrastructure.  

The pollution of the beaches in the Impacted Towns has allegedly affected the entire communities in these areas and will continue to do so. The more people who sign up, the more the claim will show the court how many people care about the Impacted Towns and the pollution. 

Remember, you do not have to be a property owner to join the claim. If you rely on the beaches or associated estuaries in one of the Impacted Towns for your hobbies, fitness, or business, then you can join the claim and seek an injunction to stop the pollution. 

As explained above, this community-led group claim is being brought to try and reduce serious pollution incidents in the Impacted Towns and compensate the local communities for losses allegedly caused by the pollution.

As part of the claim, the claimants may seek an injunction from the courts to make a legally enforceable order for South West Water to act to stop the alleged pollution. Injunctions can also be used to oblige companies to clean up their pollution, in this case, compelling South West Water to help restore the beaches in the Impacted Towns to what they used to be.  

If a court decides that an injunction is not an appropriate remedy, it may grant damages for future loss in place of an injunction, which would further deter South West Water.  

The compensation you can claim is difficult to estimate without seeing evidence of your losses or fully investigating your claim. As a guide, we estimate that:  

  • If you have suffered particular harm owing to the restriction of your hobby that uses the beach, the adjacent sea or one of the associated estuaries in the Impacted Towns, for example, because you can no longer swim, you could receive hundreds of pounds in compensation.  

  • If you have suffered substantial business losses because of sewage pollution of the Impacted Towns, you may receive a significant amount that relates to the profits your business has lost over the period.     

If you have suffered a reduction in your property value because of sewage pollution in the Impacted Towns, you may be able to claim for a percentage of your property value. 

A spokesperson for South West Water has publicly stated that they are investing up to £38 million in the Exmouth area by 2030, including in making upgrades to pumping stations and treatment works.  

Unfortunately, South West Water has made several statements regarding investments in the sewerage systems in Exmouth and the East Devon area; local reports suggest that many of these promises to invest in their infrastructure have subsequently been  reduced or not materialised.  

Similarly, South West Water ringfenced around £600,000 up to 2025 to improve bathing water quality at Longrock, yet in 2024, the beach experienced 97 sewage alerts issued by SAS / South West Water.  

A community-led legal action, such as the one you might pursue with Leigh Day, helps hold companies such as South West Water to account. Any amount a court awarded, including any sums awarded for cleaning up the area, would be legally enforceable - South West Water would have to act. 

If you have been impacted by the waste service tankers, you may be eligible to claim in private and/or public nuisance. Waste service tankers are large trucks used by a water company to carry sewage wastewater, sludge and effluent in the management and removal of waste from various sources, including combined sewage overflow pumping stations, such as the Maer Lane sewage pumping station in Exmouth.  

At the start of 2024, 240 truckloads of sewage per day were sent to the overflowing pumping station in Maer Road due to a burst pipe and subsequent sewage overflow. The tankers, as reported by the community, have continued to “plough through Exmouth” following another burst sewage pipe.  

The waste service tankers have been described by the clients as a continuous disruption because they allegedly block traffic, cause damage to roads and garden verges, increase pollution, create smells, generate brake dust and generate significant noise.  

Homeowners and renters have a legal right to enjoy their property rights without major interference from another party. For example, if you own or rent property on the tankers’ route to and from the pumping station, you may have a claim in private nuisance.  

Additionally, if you own a business and you can prove that your business has suffered a loss of income due to the disruption from the tankers, you may also be able to claim in nuisance.

We understand that people may have suffered health effects because of contact with sewage in the sea off the beaches in the Impacted Towns. Although the health hazard allegedly created by South West Water may well be highlighted as part of the claim, personal injury is not currently being considered as part of the community-led group claim. 

That said, if you have suffered a very serious personal injury as a result of sewage pollution, and you would like to speak to a member of the team, please feel free to get in touch with us by email at swwsewageclaim@leighday.co.uk to arrange a call. 

Where you have been impacted by sewage pollution over and above the way an ordinary member of the public has been impacted, or your property has been impacted, you may have a basis for bringing a claim. Relevant impacts include:  

  • You can no longer practise your hobby, club sport or recreational activity that depends on the sea and the beach, for example, you can no longer swim, kitesurf, windsurf or walk along the beach due to sewage pollution.  
  • You can no longer visit the area as you habitually do, owing (for example) to smells coming from sewage pollution, or because of disruption caused by South West Water’s waste service tankers. 
  • Your local business has been impacted by sewage pollution, for example, because you are no longer able to run courses or rent water sports equipment for use in the sea, or because of a decline in tourist revenue.  
  • You can no longer use your mooring spot or angling rights because of sewage pollution.  
  • The home or business that you own or rent has been impacted by sewage pollution, such as by leaks of sewage on to your land or into a waterway adjoining your land or by noise from South West Water’s waste service tankers. 

By joining the claim, you may be able to seek remedial action. This means that South West Water could be ordered by a court to clean up the Impacted Towns and reduce its polluting activities going forward. In addition, the compensation that South West Water may be required to pay should act as a strong deterrent against companies polluting water in the future. In particular, it could send a powerful message to the shareholders of these companies that the cost of polluting is more expensive than the cost of doing the right thing.

The affected communities include the following: 

  • Exmouth, Sandy Bay, Budleigh Salterton and Lympstone including the Exe and Otter Estuaries 
  • Dawlish Warren, Dawlish Town and Dawlish Coryton Cove including the Exe Estuary  
  • Sidmouth and Salcombe Regis including the Sid Estuary  
  • Teignmouth and Holcombe including the Teign Estuary  
  • Fistral Beach in Newquay including the Gannel Estuary  
  • Longrock Beach near Penzance  

If you are live in an area that is not include in the affected communities but believe the area where you live has been affected by sewage pollution, please contact [swwsewageclaim@leighday.co.uk] and we can discuss this further with you.  

2. Legal Representation FAQs

Generally, claims brought based on nuisance must be commenced within six years of the date on which the claimant suffered the loss, or if they only found out about the loss more than six years after the start of the nuisance, 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.  

Please note that this summary of the limitation rules is very general; an assessment of your individual position depends on the facts of your case. Please use the online “join the claim” form to sign up. Unfortunately, we cannot provide individual advice during the sign-up process. 

We will bring these claims under a Damages Based Agreement (‘DBA’). You will pay no upfront fee for Leigh Day to represent you in your claim. Provided you have  complied with the terms of the agreement you sign with us, not cancelled it outside the 14 days window, or your case is lost, you will not pay for Leigh Day’s services out of your pocket.  

If you win, you will pay us 35% of your compensation (excluding VAT). For example, if you receive £10,000 in compensation, we will take 35% (£3,500) plus VAT (£700), so £4,200 in total.  

The DBA fee outlined above is the maximum you would have to pay us – it could be less because we can offset some of what we are able to recover from the defendant against the sum you have to pay us.  

You should always read the full terms of our DBA and the Client Care Letter to make sure you are happy with your agreement with 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.  

In litigation, the losing party is typically required to pay the opponent’s costs. It is for this reason that we will arrange insurance to protect you against the risk of losing and having to pay the Defendants’ legal costs. The insurance is called After the Event insurance (‘ATE insurance’) and we would not start court proceedings without it. 

So long as you comply with the terms of your agreement with us, and any ATE agreement, it is highly unlikely you would ever be liable to pay any costs. There does remain a small risk that you would still be personally liable if, for example, you breach the terms of the insurance by acting dishonestly. We will meet the cost of insurance out of the Damages Based Agreement percentage you pay if you win, so the cost of insurance is included in the 35% success fee mentioned above.  

We are committed to doing everything possible to ensure you have good ATE insurance, however, if you have any questions about the small risk to you, please email swwsewageclaim@leighday.co.uk and one of our team members will respond. Alternatively, you can call us at 0207 650 1111.

So long as you act honestly and comply with your responsibilities related to the claim, South West Water would be unlikely to have any claim against you personally.  

For example, if you are required to disclose documents about the claim, you must do so. We will keep our clients updated of all their obligations during the claim and you would of course be able to contact us with any concerns you have. 

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 several factors, which are often outside our control, including the approach that South West Water will take in the litigation. 

In our experience, group claims of this type may take three to five years to make 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.  

If South West Water defends 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. 

We will update you regularly with more information on the timescale of your case, particularly in relation to the timescale for next steps, which can usually be predicted more accurately. For example, at the point where a Letter Before Action is sent to a defendant, we would be in a better position to tell you when we would be likely to issue your claim with the court.

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

At this stage, it is too early to say definitely 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: 

  • Evidence of loss of earnings of your business, such as your accounts and client invoices.
  • Evidence of where your use/enjoyment of property or the beaches and the sea have been affected.  
  • Correspondence you have had from South West Water.  

Proof of ownership (or lease) of any residential property affected by sewage pollution.

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

If you have any questions regarding the agreement you would make with Leigh Day, please email swwsewageclaim@leighday.co.uk and one of our team members will respond. Alternatively, you can call us at 0207 650 1111.

Oliver Holland is the partner on this claim. Liberty Bridge, Rosio Caffarelli, Benji Gourgey, Nicholas Smith and a team of dedicated paralegals, will assist Oliver in the day-to-day running of the case. 

3. Eligibility FAQs

There are two types of claimants who can join: 

  1. Those whose public rights are being affected. 
  2. Those whose private property rights are being affected. 

To be eligible to bring a claim, you will need to demonstrate that you have been particularly affected by sewage pollution in the Impacted Towns at some point since 2019. 

You may still be eligible to join if you were impacted before 2019 and the impacts continued after 2019. However, if you stopped being impacted entirely before 2019, you are not eligible to join the claim at this stage.  

Public nuisance

Examples of potential claimants whose public rights have been affected include the following: 

  • You are restricted from practising your hobby, club sport, or recreational activity that depends on the sea and the beach. For example, you cannot always swim, windsurf, or walk along the beach due to sewage pollution. 
  • You are restricted from visiting the area as you habitually do, owing (for example) to smells coming from sewage pollution or because of disruption caused by South West Water’s waste service tankers.
  • Your local business has been impacted by sewage pollution, for example because you are no longer always able to rent water sports equipment for use in the sea, or because of a decline in tourist revenue. 
  • You own a hotel, bed and breakfast or campsite, which has suffered a drop in bookings because of the widely publicised sewage pollution issues in in the Impacted Towns.
  • You are an individual who used to regularly take your dog for a walk along the beach but is no longer freely able to because you fear your dog will fall sick if it is exposed to raw sewage or polluted water. 

Please note that the above is the eligibility criteria under which Leigh Day can currently enter into retainers with clients and is not legal advice. It does not necessarily mean that you do not have a valid legal claim, and other law firms may be able to assist you depending on your individual circumstances. 

Private nuisance

To join the claim for a breach of your private property rights, you must have permanently owned/leased a residential or business property or fishing/angling rights at some point in 2019. You may still be eligible to join if you were impacted before 2019 and the impacts continued after 2019.  

Examples of potential claimants whose private rights have been affected include the following:

The home that you own or rent backs onto a river which has been impacted by pollution.

  • The home or business you own or rent has been directly impacted by sewage pollution on your land, such as by sewage leaks onto your land or into a waterway adjoining your land.  
  • The home or business that you own or rent has been directly impacted by noise or other disruption from South West Water’s waste service tankers. 
  • You have a shellfish or fish farm along the estuary that has been impacted by sewage pollution, which has harmed your fish. 
  • You have a shellfish or fish farm along the estuary that has been impacted by sewage pollution, which has harmed your fish.  
  • You are restricted in the use of a mooring spot that you own or lease because of sewage pollution.  
  • You own or lease angling rights which are impacted by sewage pollution.  
  • You are restricted in the use of a beach hut that you own or lease because of sewage pollution. 

If you have already signed a DBA with Leigh Day in relation to your claim concerning Exmouth or Budleigh Salterton, you do not need to take any further steps. Your existing agreement remains in place, and your claim automatically continues within the expanded group action.  

If you believe you have also been impacted in another of the affected communities, please contact the legal team. While your existing DBA covers your claim, we may need additional information from you to assess any further impacts you have suffered in other locations.  

Please email us at swwsewageclaim@leighday.co.uk or call us on 020 7650 1111 and we will advise you on the next steps.  

 

To join the legal action, an individual must have been particularly impacted by sewage pollution in at least one of the affected communities; you don’t need to live in the towns themselves and you only need to be affected in one area.  

For example, someone who lives a couple of hours away but can prove that they visit the area to partake in water sports might have been particularly impacted by pollution.  

Anyone who believes they have been impacted may complete the ‘Join the claim’ form today to check their eligibility, even if they do not live in the immediate vicinity of the beach in one of the Impacted Towns.  

Age is not generally a barrier to bringing a claim. 

However, in order to join the claim yourself you must be 18 or over. If you are below 18, you would need adult supervision to join the claim. An adult supervising a child’s claim is called a “litigation friend”. Currently we are not taking on minors as part of the claim group, but we will advise if this is a possibility in due course. 

To join the claim for a breach of your private property rights, you must have permanently owned/leased a residential or business property or fishing/angling rights at some point from 2019. You may still be eligible to join if you were impacted before 2019 and the impacts continued after 2019.  

Examples of potential claimants whose private rights have been affected include the following: 

  • The home or business that you own or rent has been directly impacted by sewage pollution on your land, such as by leaks of sewage onto your land or into a waterway adjoining your land. 
  • The home that you own or rent backs onto a river which has been impacted by pollution. 
  • The home or business that you own or rent has been directly impacted by noise or other disruption from South West Water’s waste service tankers. 
  • You have a shellfish or fish farm along the estuary that has been impacted by sewage pollution that has harmed your fish.  
  • You are restricted in the use of a mooring spot that you own or lease because of sewage pollution. 
  • You are restricted in the use of the angling rights that you own or lease along the estuary because of sewage pollution. 
  • You are restricted in the use of a beach hut that you own or lease because of sewage pollution. 

Yes, you may still be able to claim even if you have sold your property either for harm suffered while you were the owner or if it can be shown that the pollution affected the value of your property when it was sold. However, you are not eligible to join the claim if you sold your property more than six years ago.  

You may still be eligible to claim for non-property-related impacts in other sections of the claim, depending on your circumstances.  

You may still be eligible to bring a property claim if you rent your property on a long-term basis.

If you only rented the property on holiday rentals, short lets, etc., you are not eligible to join the property loss claim. 

However, if you own the holiday rental and your property has been impacted, you can join the claim. 

Yes – surf schools and other water-based activity providers operating in the affected communities may be eligible to join the claim. Many such businesses rely on safe access to the sea and beaches to run lessons, courses and recreational sessions. Where sewage pollution has resulted in cancelled classes, reduced customer numbers, relocation of classes causing additional expense, reputational damage, or any decline in business income, surf schools may be eligible to claim for loss of profits and other business impacts allegedly caused by South West Water’s sewage discharges. 

If you run, own or are authorised to act on behalf of a surf school operating in one of the affected communities, you can complete the “join the claim form” to check your eligibility.  

Please note that if your surf school is not based in one of the affected communities, but you rely on the beaches in these area to run sessions, you may still be eligible to join.  

We understand that a number of businesses in the region are being affected by sewage pollution. Examples include:  

  • Water sports companies, such as teaching schools or equipment rental businesses, may have had to cancel lessons, trips, rental services and experienced a decline in the number of customers because of concerns over sewage pollution.  
  • Hotels, bed and breakfasts and camping sites that are experiencing a drop in bookings because of the widely publicised fact that the Impacted Towns have been badly affected by sewage pollution.  
  • Fish and shellfish farms may have suffered lost income.  

Businesses are potentially able to claim for any loss of profit that they have suffered because of sewage pollution, or any costs spent repairing the harm caused by sewage pollution.  

Sea-front or river-front businesses may also be able to claim for the devaluation of their property rights caused by sewage pollution. 

If you have been impacted as an individual, for example because sewage pollution has impacted your hobby and you also own a business on the beach or along the estuary that is directly impacted by sewage pollution, you may be able to bring both claims.  

Please use the “join the claim” form to let us know about the harm you have suffered.

You can use the “join the claim” form on the website to sign up on behalf of yourself as well as on behalf of all the businesses you are authorised to claim for, which have suffered harm because of the nuisance. 

The group claim was initially brought on behalf of residents in Exmouth, Budleigh Salterton, Lympstone and other communities along the Exe Estuary. However, in light of the wider pattern of harm and the scale of South West Water’s alleged failings, the decision was taken to extend the action to include other towns and coastal communities that have been particularly affected. 

These locations form part of what is now widely recognised as one of the most severely affected regions in the UK. As highlighted in Channel 4’s recent docudrama, Dirty Business, sewage pollution is a nationwide issue, with the South West identified as the region experiencing the most significant impact.  

South West Water, the monopoly water provider for the South West serving around 1.8 million people, has been rated by the Environment Agency as the worst performer for sewerage pollution incidents and sewage discharge permit compliance in its most recent assessment  out of all nine UK water companies. It was also the worst performer for pollution incidents in 2024. The company has consistently been classified as “poor performing”, “requires improvement” or “below average” every year since the EA introduced its rating system in 2011. In expanding the scope of the claims, we aim to ensure that all communities suffering the highest levels of pollution and environmental harm are properly represented.

The claim now covers the following areas: 

  • Exmouth, Sandy Bay, Budleigh Salterton and Lympstone including the Exe and Otter Estuaries 

  • Dawlish Warren, Dawlish Town and Dawlish Coryton Cove including the Exe Estuary  

  • Sidmouth and Salcombe Regis including the Sid Estuary  

  • Teignmouth and Holcombe including the Teign Estuary  

  • Fistral Beach in Newquay including the Gannel Estuary  

  • Longrock Beach near Penzance  

Exmouth, Budleigh Salterton and Lympstone form a connected coastal community along the eastern side of the Exe Estuary. Exmouth, a major  seaside town at the mouth of the River Exe, is known as the “gateway to UNESCO’s World Heritage Jurassic Coast” and is home to protected shellfish waters and a two-mile stetch of sandy beach  central to its tourism-driven economy. The town is recognised for its  bathing waters, water sports scene and wide seafront promenade.  Budleigh Salterton is a nearby popular seaside resort known for its pebble beach, red cliffs, coastal walks, nature reserves and Jurassic Coast beauty. Lympstone, situated on the Exe Estuary’s eastern shore, is a village with a strong maritime culture centred on sailing, swimming, fishing and paddleboarding.

South West Water repeatedly discharges large amounts of untreated sewage into the River Exe and English Channel which has a detrimental impact on Exmouth Beach,  Sandy Bay, Budleigh Beach and the surrounding area. Pollution levels became so severe that Paul Arnott, the East Devon District Council leader, declared a state of “ongoing civil emergency” due to beaches having to be closed repeatedly from Seaton to Sidmouth because of sewage discharges. During the August 2024 Bank Holiday weekend, the local council put Red Flag warnings up on Exmouth Beach to prevent people from entering the water.

The area has also suffered major infrastructure failures. A burst sewer near Maer Lane in August 2024 led to untreated sewage being released into the sea at Exmouth Beach, prompting immediate swimming warnings from the Environment Agency. Exmouth and Budleigh Salterton have experienced multiple rising main and pipe bursts, resulting in South West Water deploying large numbers of sewage tankers. These tankers caused significant disruption to locals, including increased traffic, noise, light and dust pollution.

Sewage pollution issues have been widely reported in the media, with the recent Channel 4 docudrama, Dirty Business, highlighting how widespread the problems  are. Exmouth has repeatedly been in both local and national news for beach closures and health warnings. Local tourism-related businesses report noticeable drops in visitor numbers, with some forced to cancel services, reduce operations or alter business models to remain viable during prolonged pollution periods.

South West Water have stated they are investing up to £38 million in the Exmouth area by 2030, including upgrades to treatment works. However, previous promises to invest have often been subsequently  reduced or have not materialised. The ongoing situation has led to once of the UK’s largest community-driven legal actions against a water company. 

Dawlish is a popular seaside town on the South Devon coast known for its long sandy beach and distinctive red cliffs. Coryton Cove, A Seaside Award and Marine Conservation Society recommended beach, offers a quieter location, popular with families and rock poolers

Dawlish Warren to the east is a popular family seaside resort and Blue Flag beach. Dawlish Warren Nature Reserve homes over 600 species of plant and over 23,000 birds. Tourism plays a central role in the local economy, with the seafront, coastal path and beaches forming an important part of daily life for residents, businesses and visitors. 

Between 2021 and 2025, Dawlish experienced repeated beach closures caused by sewage pollution as well as “months of disruption” associated with South West  Water’s attempts to tackle the issues in Dawlish Town. Locals experienced the effects of further infrastructure failures including burst water mains in 2023 and 2025. 

South West Water’s 2023 Drainage and Wastewater Management Plan highlighted the scale of wastewater pressures facing the area. They identified two external flooding hotspots in Dawlish Town and a further five external flooding hotspots and two pollution hotspots in the catchment. In 2024 alone, Dawlish Town and Dawlish Coryton Cove faced 104 alerts on Surfers Against Sewage’s Safe Seas and Rivers app.  

Sidmouth and the neighbouring village of Salcombe Regis sit within the Sid Valley on the Jurassic Coast, an Area of Outstanding Natural Beauty. Sidmouth, with its pebble beach and red cliffs, is a popular destination for sea-swimming, water sports, blue-flag bathing waters and events such as the Sidmouth Folk Festival. The quality of the marine environment is central to community life and the local economy. 

Sidmouth was reported to be a hotspot for sewage pollution in the national media as early as 2022 and in 2023, it was reported as one of the top 5 worst Blue Flag beaches in the country, alongside Exmouth. South West Water has acknowledged that the sewer network in Sidmouth is “struggling to cope” but improvement works, including increased storm storage have been delayed, prompting criticism from Owat.  

Sewage pollution has become a major community and political issue, having been described as “key” during the 2024 parliamentary elections. In the same year, there was an “outpouring of anger” in the community when the town’s annual sailing regatta and Surf Lifesaving East Devon Championships were cancelled owing to sewage overflow warnings and a pollution risk forecast.  

South West Water’s 2023 Drainage and Wastewater Management Plan identified Sidmouth as an “urgent risk”, with six storm overflows due to be improved by 2028. The same plan identified three predicted future flooding hotspots ,11.7% of properties in the catchment are at risk of sewer flooding and 71% of the CSOs in the catchment are “sub-standard”.  

Salcombe Regis has faced similar severe issues. Its sewage treatment works recorded the longest spill in the country in 2024, discharging for all 366 days of the leap year. In 2023, national newspaper reported that it spilt 223 times or “eleventh worst” in the country in that year.  

Teignmouth and Holcombe are neighbouring coastal communities on the South Devon coastline, with Teignmouth known for its sandy beach, historic port and lively seafront. Holcombe is recognised for its dramatic red-cliff coastline and peaceful beach. The Teign Estuary hosts an array of wildlife and is popular for fishing, nature watching and water sports activities. Together these form an important stretch of coastline where tourism, sea‑swimming, water sports and the marine environment play a central role in daily life for residents and visitors. 

Teignmouth has faced persistent sewage pollution issues in recent years, having lost is “excellent” bathing water status in 2022 following elevated bacteria readings taken by the Environment Agency. In 2024, the local MP, Martin Wrigley, reported receiving daily emails from local residents “furious” that they cannot swim because of sewage pollution, as well as dog walkers concerned about water quality. Teignbridge District Council also raised formal concerns with South West Water and the Government, warning that pollution was threatening tourism, the environment and local food production.  

Public frustration was high, with reports of some residents withholding water bill payments due to repeated bathing water alerts at Teignmouth, Shaldon and Holcombe. Protests were let in Teignmouth by Surfers Against Sewage in 2023 and one participant, a mental health support group, stated a third of their winter dips were cancelled because of pollution.  

South West Water’s 2023 Drainage and Wastewater Management Plan identified one external flooding hotspot in Teignmouth and five pollution hotspots across the network. Despite South West Water’s awareness of the issues in Teignmouth,  Holcombe and along the Teign Estuary, the problems persisted and between 2021 and 2025, Teignmouth experienced several major burst mains causing significant leaks and disruption, as well as repeated advice against bathing warnings. 

Fistral Beach, on the western edge of Newquay is widely regarded as the “home of British surfing”. With around half of Newquay’s 24,547‑strong urban population reportedly oriented toward Fistral rather than the town’s northeastern beaches, the area is a central hub for sea‑swimming, surf schools and major surfing events, forming a key part of the town’s identity and economy.  

In recent years, Fistral Beach North and South combined experienced 86 sewage alerts issued by Surfers Against Sewage and South West Water. South West Water has acknowledged that the beach is affected by shortcomings in the local sewerage network. These pollution incidents have had visible impacts on the community, including the cancellation of surf events, public complaints about advisories against swimming, and beach closures voiced by local surfers. 

The beach has also been the site of protests against sewage pollution. Infrastructure failures have affected the wider Newquay area as well. Media reports describe bursts discharging raw sewage into the streets, and the temporary closure of Newquay Zoo due to a South West Water sewer pipe issue. 

Longrock Beach sits between Penzance and Marazion and serves as the main “locals’ beach” for residents in Penzance, being the closest sandy beach to the town. It is estimated that 50% of the population of the urban area orient their swimming, walking and coastal recreations towards Longrock rather than alternative beaches in the area. The Beach boasts a significant stretch of sand and shingles, offering picturesque views of Mounts Bay and the popular St Michael’s Mount.  Its shallow waters make it a popular choice for families and windsurfers alike.  

Longrock has experienced some of the highest levels of polluton in the region. In 2024, the beach experienced 97 sewage alerts issued by Surfers Against Sewage and South West Water, following 98 alerts in 2023. In 2022, SAS identified    Longrock beach as “joint worst” in England for sewage alerts. The smell of sewage on the beach has been described as “sickening” and there are reports of illness after swimming in the sea off the beach. South West Water have acknowledged that Longrock Beach is impacted by shortcomings in its local sewerage network, though it seems the issues remain persistent.  

South West Water sewage pollution claim expanded across Devon and Cornwall  

 

Upcoming South West Water Sewage Pollution Claim Events:  

Upcoming events to be announced