As South West Water defends a court action from a Devon swimmer, it also claims it has no legal duty to keep waters clean

South West Water is claiming it has no legal obligation to keep rivers and seawater clean of sewage in its defence against a Devon swimmer who is taking the water company to court.

Jo Bateman, who attempts to swim every day off the coast of Exmouth, is taking legal action against South West Water, claiming its frequent sewage discharges into the sea have taken away her legal right to a public “amenity”.

However, in its defence to Ms Bateman’s claim, seen by i, the water firm states no one has a legal right to swim in the sea.

  • OfficerBribe@lemm.eeEnglish
    431·
    9 months ago

    While it obviously seems ridiculous, waste water must go somewhere. Last part of the article:

    However, a solicitor familiar with swimming rights suggests the law is not as clear as campaigners suggest.

    Nathan Willmott, a partner at law firm Ashurst, said: “The statutory regime governing water companies has been held by the courts to cancel out certain common law rights that water users would otherwise have against water companies for allowing sewage discharge into the water and making it unsafe to swim in.”

    But he suggested that if South West Water were to be found guilty of breaching the regulations on when sewage can been spilled into the sea, then its immunity from prosecution may not apply.

    The tone of their response could have been better though.