Swimmer tries to start a wave of legal actions

A wild swimmer taking legal action over sewage pollution wants to “open the floodgates” for other citizens to fight water companies (Adam Vaughan writes in yesterday’s print edition of the Times)

Jo Bateman, a retired physiotherapist in Exmouth, was unable to swim for a ten-day period last year because of raw sewage being spilt by South West Water on the town’s beach.

Bateman, 62, had previously brought a small claims court challenge against the company, which she admitted she did not expect to win. But her case has now been boosted by the support of the law firm Leigh Day and the non-profit Good Law Project.

“It’s a game-changer.

Having the backing of a law firm experienced in this area of law has to hugely increase my chances of winning,” Bateman said.

She added: “For me, it isn’t about the winning as such, it’s really not about the money. If we win, that will really properly open the floodgates for other people to do the same.”

A burst pipe just before New Year’s Eve led to untreated sewage being discharged into the sea and 240 lorry loads of sewage a day being transported through the Devon town.

In her claim, Bateman argues that not being able to swim during the ten days amounted to a loss of amenity, meaning a reduction in the quality of a person’s life. She said: “To have a consecutive period like that has a real impact on my mental health. G-ing in that cold sea is such a boost to my mental health, it’s so meditative. So when I can’t do that, I can feel myself not feeling so great mentally.”

She said that last year there had been more than 120 days she couldn’t swim because online maps reported sewage spills, and she always allowed 48 hours after a discharge ended.

With Leigh Day’s help her challenge has been redrafted to focus more on the ten-day period. Bateman could win as little as £60 in compensation but she hoped it would cause bigger ripples. “I want to see all the water companies not paying massive dividends to shareholders … I want to see more money going into infrastructure and maintenance,” she said.

Her case is part of a wider drive by campaigners and lawyers to use the courts to force companies to take more action on water quality.

Leigh Day is also representing Carolyn Roberts, of Gresham College in London, who is trying to win compensation for the customers of several water companies she alleges have underreported sewage spills. Her claims are going through the competition appeal tribunal.

The firm is also bringing a multi-party action against Tesco’s main chicken supplier, Avara Foods, over the impact of chicken farms’ pollution on the River Wye. If successful it could lead to a payout for locals.

A recent YouGov poll of 2,000 adults found that only 14 per cent were likely to swim in rivers and seas this summer in light of headlines about sewage pollution — 73 per cent said it was unlikely.

The Times’s Clean It Up campaign has been calling for better real-time information about sewage spills and faster, greater investment to improve water company infrastructure.

South West Water was contacted for comment.