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The case

We are instructed to advise on claims against water and sewerage companies by water users, such as swimmers and bathers, for personal injury suffered in public waters as a result of illness contracted from water companies’ sewage discharges.

We have undertaken an analysis of the Water Industry Act 1991 and related caselaw to identify the type of claims that are not excluded by the statutory regime and have developed a framework for potential claims for personal injury.

The matter involves a technical understanding of water company operations and the surrounding regulatory and monitoring regime.

We are conducting research on the scientific evidence on sewage discharge and illness, surveying water companies environmental permits and related assets and their discharge data. The matter will potentially involve large-scale group litigation and is a novel means of holding water companies to account in light of the ongoing scandal surrounding the pollution of public waters.