The case had its first procedural hearing at the High Court in London on Monday and sees Avara Foods, one of the UK’s largest poultry firms, its subsidiary Freemans of Newen, and Welsh Water accused of polluting the Wye, Lugg and Usk on the Anglo-Welsh border.
Over 4,500 people who live or work along or near the three rivers have signed up to take part in what is being called the “biggest ever” environmental pollution claim in the UK.
An unprecedented environmental case
The legal claim against the trio alleges that pollution has been caused by water run-off from farmland containing high levels of phosphorus, nitrogen and bacteria from poultry manure spread on the land as fertiliser.
It also alleges bacteria and nutrient pollution in the rivers has been caused by the discharge of sewage directly into the rivers from Welsh Water sewerage systems.
The claimants have demanded that action be taken to improve the state of the rivers, and that compensation be paid to those whose lives and businesses have been impacted.
The River Wye’s condition was officially declared as “unfavourable – declining” by Natural England in 2023, with a subsequent Action Plan in 2024 blaming excessive nutrients from farming and wastewater discharges, alongside climate change, for increasing water temperature and reducing flow during the hotter months.
Legal firm Leigh Day has brought the case on a no-win no-fee basis, and says that although farmers have been responsible for spreading the chicken manure, Avara Foods and its subsidiary Freemans of Newent should be held accountable for the environmental consequences.
“The claim alleges the poultry companies that are being sued in this claim knew what the outcome of their operations were going to be when they expanded the poultry production in this area,” Celine O’Donovan, a lawyer at Leigh Day, told BBC News.
“As a result, the responsibility for the decline of these rivers needs to lie with the people that knew what was going to happen and have made the money from it and controlled the supply chain that resulted in it.”
Avara defends its position
Arguing that the case effectively puts the “future of British farming” on trial, an Avara spokesman said:
“[It] will not change the need to feed a population of 70 million people, 90% of which want to eat chicken,” the spokesman said.
“Instead, it would hinder food production, and push supply overseas, reducing food security and making the UK more reliant on imported food, produced with less oversight.
“We employ thousands of people and partner with hundreds of farmers to help feed millions across the UK each week.”
He continued: “Around nine in 10 people in the UK eat chicken, and British poultry plays a critical role in meeting that demand with affordable, high-quality food produced here in the UK.”
“We are confident in our position and believe the claim is unsupported by any proper scientific basis.”
