1,000 sign up for water quality legal fight - as South West Water unveils new protections for Dartmoor
Leigh Day have sat down with us to answer questions about the forthcoming legal challenge - as the water firm updates residents about its latest work
Last updated 19th Feb 2025
Work has been taking place Dartmoor to reduce the use of storm overflows - as 1,000 people have now joined a first-of-its kind legal challenge over pollution incidents in Exmouth.
South West Water has been upgrading pipes after finding water was entering the system and adding to pressure in the treatment works during heavy rainfall (see full details below).
The forthcoming legal challenge in Exmouth calls for an end to sewage spills, which last summer resulted in the beach being closed to visitors temporarily at the height of the tourist season.
Nick Smith, a solicitor at Leigh Day which is behind the claim, is this week holding sessions to invite more people to join - including 9.30am-1pm today at St Peter's Church hall in Budleigh Salterton and again on Friday from 5.30pm-8pm.
He said: "We've got sea simmers, kayakers, windsurfers, a whole range of people who aren't able to practice their hobbies, we've also got businesses whose income and revenues have allegedly been affected.
"It's correct that the next step in the proceedings would be for us to write to South West Water in what's called a letter before action and that would outline our client's allegations and invites South West Water to come to the table."
Mr Smith says there is currently no 'end date' for when residents should join the claim - as evidence can still be collected whilst the next phase of the legal process begins.
Leigh Day say they will consider a range of potential legal avenues as they explore areas like potential compensation as well as future environmental gurantees.
The firm has told Greatest Hits Radio they are still to agree what exactly they will request from the water firm as that depends on what evidence is gathered from their 'clients' - but stress the claim itself is not asking for money from 'clients'.
What is the legal claim by Leigh Day?
The claim, which launched in October 2024, alleges that sewage spills from SWW and subsequent warnings against swimming in the area have negatively affected tourism, as well as restricted locals from participating in activities such as wild swimming. It follows legal action brought against South West Water by Exmouth resident Jo Bateman, also represented by Leigh Day, whose claim argues that sewage discharges into the sea by SWW have left her unable to swim at Exmouth Beach on multiple occasions. Having started in Exmouth, the separate wider claim now also covers residents and businesses in Budleigh Salterton, Lympstone and the Exe Estuary, and has been joined by a wide range of people from the local community. Leigh Day’s clients include a cross-section of the coastal community and consist of three main groups: business owners affected by sewage pollution; individuals whose hobbies are impacted by sewage pollution; and property owners whose property has been directly affected by sewage pollution. They consist of sea-front businesses, swimming champions, sea swimmers who depend on access to the sea for their wellbeing and mental health, sailors, windsurfers, volunteers, dog owners who are concerned their dogs will become sick, and homeowners who allege their properties have been blighted by sewage. The claim will look to hold SWW accountable for the pollution, with the EA reporting that the company discharged more than half a million hours of sewage in 2023, as well as to compensate residents and businesses for the negative impact allegedly caused by the pollution. It is the first community-led legal action of its kind against a water company, which was made possible by a landmark Supreme Court ruling in June 2024 allowing private nuisance claims to be brought by against sewage companies for sewage discharges into waterways. More information can be found here
What other actions can residents take on water quality?
This week the not-for-profit Sideshore community interest company is holding a range of sessions outlining the actions residents can take to clean up the water- including thinking about where litter ends up and the items flushed down the toilet
Last year campaigners in Exmouth temporarily removed the town's bathing water 'blue flag' in protest at the Summer's pollution - which closed the beach to visitors. Last month parts of Exmouth's Maer area were also closed as a result of pollution.
What has South West Water said in response to the legal challenge?
A full response to the legal action and links to South West Water's plans to improve its network can be found here
What work has South West Water been doing recently?
South West Water says it has finished improvements on Dartmoor as part of its work to reduce the use of storm overflows across the region. Horrabridge Wastewater Treatment Works, in West Devon, was one of the South West’s highest spilling storm overflows in 2023 but investment from South West Water is already helping to deliver improvements to the site. South West Water’s skilled teams carried out investigations and surveyed over 1.5 kilometres of pipework. This revealed that surface water and groundwater was finding its way into local sewers and putting additional pressure on the treatment works during wet weather. To prevent this from happening South West Water installed a protective lining to 880 metres of sewer in the area and carried out repairs across the local network, including upgrades to around 30 manholes.Alongside this, work was carried out at the treatment works to upgrade the pumps and add a second storage tank to increase the site’s capacity during periods of heavy rainfall. As a result, there has been one spill from the storm overflow at Horrabridge Wastewater Treatment Works since 1 January, compared to 32 spills in the same period last year.