Law firm Leigh Day has sent a ‘letter before action’ (LBA) to Avara Foods, Freemans of Newent and Cargill in the first stage of a civil action over pollution in the River Wye.
The letter demands compensation for phosphorus, odour, noise and insect pollution it alleges has been caused by the roles of Avara Foods, its subsidiary Freemans of Newent and its 50% shareholder Cargill.
See also: Avara Foods criticises ‘opportunistic’ legal threat over river Wye pollution
Wildlife and plant harm
Avara and its subsidiary Freemans together run poultry business in the Wye catchment area. Leigh Day has alleged that the companies are responsible for phosphorus pollution in the Wye and that this has caused algae blooms, cutting oxygen supplies to the river and harming wildlife and plant life.
This is contested by the poultry firms, and other sources of phosphorus, including sewage discharges, have been linked to the health of the river.
The law firm is alleging loss and damage suffered by people living and working in the Wye catchment includes the effect on properties near to the river, poorer water quality, poorer fishing, lower business income and a disruption to leisure and hobbies.
The claim will allege private nuisance, public nuisance and a breach of section 73(6) of the Environmental Protection Act 1990, caused by the unlawful deposit of waste.
‘Factually incorrect’
A spokesman for Avara Foods said: “We consider the allegations made by Leigh Day to be factually incorrect and fundamentally misconceived. We are proud of our business, providing high-quality and affordable chicken and turkey for consumers, and we will vigorously defend our position.
“Given the ongoing legal process, we will not be offering further comment at this time.”