Why are claims not being brought against the Environment Agency, Natural Resources Wales, the local planning authority, Ofwat or other public bodies?

Generally, only polluters can be liable under private law, not bodies that fail to prevent pollution. In the river Wye, Lugg and Usk, the main cause of pollution is alleged to be the operations of the Avara Foods poultry group and Dŵr Cymru Welsh Water.

Regulators, like the Environment Agency, Natural Resources Wales, or Ofwat are not normally liable in private law for failing to prevent private companies from causing damage, even if the public body knew about the pollution or had effectively stopped pollution in the past. Local planning authorities are not generally liable for grants of planning permission unless they create danger (rather than permitting danger to be created by a private company).

Private law distinguishes between those who fail to stop pollution or even permit pollution and those who actively pollute.

Leigh Day recognises the failure of the regulator to protect rivers. This is why our public law team recently brought a separate action to hold the Environment Agency accountable over the decline in health of the river Wye.

Leigh Day says the alleged two largest polluters in the area, the Avara Foods poultry group and Dŵr Cymru Welsh Water must also be held responsible for the alleged impact of their operations on the rivers and the surrounding community.

This private law action will take these companies to court over the damage they have allegedly caused.