Has a claim like this ever succeeded before?
In January 2023, a U.S. court found that Cargill PLC, an equal shareholder in Avara Foods Limited, 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.