Lawyers set out River Wye pollution claim

Legal firm Leigh Day claims Avara and its subsidiary is responsible for phosphate pollution in the River Wye

Lawyers representing people who claim to have been affected by pollution on the River Wye have written to three companies they believe are responsible.

Avara Foods, its subsidiary Freemans of Newent and its 50% shareholder Cargill plc are involved in large-scale chicken production in the Wye catchment area.

The letter alleges the companies are responsible for "major phosphorus pollution" and asks for compensation.

Avara said: "We consider the allegations made by [law firm] Leigh Day to be factually incorrect and fundamentally misconceived."

The letter sets out details of its nuisance claim against the companies and gives them the opportunity to resolve the dispute before formal court proceedings get under way.

It said if a satisfactory response is not received by 20 August, preparations will begin to issue the legal claim in the High Court.

Leigh Day's letter said Avara and its subsidiary Freemans together control 120 intensive poultry units, and Cargill imports phosphorus-rich soy which is used to feed the poultry in the units.

The law firm said poultry numbers in the Herefordshire area have increased from 13 million to 18 million in the last four years and there has been "a significant increase in the volume of poultry manure being produced" as a result.

This phosphorous-rich manure has been spread on land in the Wye catchment, it said, and it estimated 90% of it enters the river and its tributaries.

This has caused algae blooms, reduced oxygen supplies to the river and harm to wildlife and plant life, it said.

It claimed this had had a massive negative impact on people’s enjoyment of the Wye and on businesses which depend on it.

Leigh Day said Avara and its subsidiary farms 18 million chickens in the Herefordshire area

Avara said: "We are proud of our business, providing high-quality and affordable chicken and turkey for consumers, and we will vigorously defend our position.

It added: "Given the ongoing legal process, we will not be offering further comment at this time.”

The company is Herefordshire’s largest private employer and in January 2023 it said all manure from its suppliers was now taken away from the river and used elsewhere in the UK.

It also previously said it was reducing the number of its farms in the area from 120 to 104 and the amount of manure produced from 160,000 tonnes a year to 142,000 tonnes.

At the time, it said the claim "ignores the long-standing use of phosphate-rich fertiliser by arable farms as well as the clear scientific data showing the issue of excess phosphorus considerably pre-dates the growth of poultry farms in the Wye catchment."