Jo Bateman broadens her challenge against South West Water

Jo Bateman launched a tightly-focused legal claim against South West Water over the 10 days when she couldn’t go swimming earlier this year. But a decision in the Supreme Court means she can widen her case to include more than 300 days over the last five years.

The court ruled in July that the Manchester Ship Canal Company could hold United Utilities to account for the damage caused by sewage discharges in the canal, setting an important precedent that firms and individuals can take legal action against polluting water companies. 

With the support of Leigh Day and Good Law Project, Jo had already launched her legal claim against South West Water for dumping sewage again and again in her local swimming spot, making it unsafe to swim off the beach at Exmouth. Her case focused on 10 days when she couldn’t swim because South West Water sent tankers full of sewage to a pumping station that was already overflowing.

But the landmark ruling in the Supreme Court means that she could now take action over all the other sewage discharges. This means Jo has broadened her case to cover over 300 days over the last five years when discharges meant that people couldn’t swim off Exmouth beach.

If the claim goes to trial, it’s likely to be the first time a court applies the Supreme Court decision in the Manchester Ship Canal case, and the first example of a swimmer taking legal action against a water company.

“It’s been brilliant to see the Supreme Court acknowledge the gravity of sewage discharges,” Jo said. “Now we can plead my claim against South West Water with confidence. The right to swim in waters without sewage should be a given”.

According to Good Law Project’s legal assistant, Tamara Walters “the tide is clearly behind Jo Bateman” in her fight against South West Water and its industrial scale pollution of Exmouth beach.

“We’re proud to have played a part in securing this landmark Supreme Court ruling,” Walters said. “Now Jo can put the true impact of the firm’s polluting behaviour before the courts, and pave the way for other legal challenges against water companies.”

Good Law Project is pressing ahead with our wider campaign to tackle the sewage scandal. We’re looking for ways the Supreme Court judgment can help clean up the mess made by water companies pursuing profit over people and the planet.

Watch this space.