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Tuesday 19 March 2024 1:29 pm  |  Updated:  Tuesday 19 March 2024 2:11 pm

Cargill subsidiary facing huge class action over River Wye chicken farming pollution

By: Rhodri Morgan

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Boparan Holdings has sites across the UK.
Boparan Holdings has sites across the UK.

A class action claim potentially worth hundreds of millions of pounds has been launched against Avara Foods, one of the UK’s biggest supermarket suppliers, alleging it is polluting a major river.

Claimant firm Leigh Day will argue that Avara , which supplies chicken, turkey and duck to the some of the UK’s most popular supermarkets and restaurants, has created significant pollution in the River Wye and across the surrounding 4,000 sq km of Herefordshire, Powys and Monmouthshire.

The claim will allege that the scale of the operations of large corporate poultry producers like Avara, which is a subsidiary of US food behemoth Cargill, is generating significant quantities of phosphorous-rich manure which leach into the soil and into the river.

This is in turn raising phosphorous levels in the water, causing algae which result in odour, insect swarms, biodiversity loss and water quality reduction.  

The claimants, whose numbers could reach the tens of thousands, will include people affected by the pollution such as swimmers, canoeists, walkers, clubs, organisations, anglers and businesses in tourism and leisure.

According to Leigh Day, the chicken industry in the area grew by a third between 2013 and 2017 and Avara is responsible for approximately 80 per cent of birds in the area.

A spokesperson for Avara Foods said: “This is a year-old, opportunistic attempt to profit from a serious environmental issue.

“It has no merit and is not supported by evidence or expert opinion and 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.

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Millions left unclaimed as public awareness gap exposes flaws in class actions

SWR was previously owned by FirstGroup and MTR Corporation, but is now the responsibility of DfT (Department for Transport) Operator. (A South Western train arrives at Clapham Junction. Photo by Jack Taylor/Getty Images)

The spokesperson added that the group as “confident there is no case to defend” but would pursue any costs incurred against Leigh Day.

Leigh Day partner Oliver Holland said of the action: “We consider that the significant decline in the health of the River Wye over the last few years is clearly linked to the significant increase in intensive poultry farming in the main brought about by Avara Foods.

“The lives and livelihoods of those living in the River Wye area are being significantly impacted only to the benefit of Avara Foods and this destruction of one the UK’s most beautiful natural areas cannot continue, which is why we are bringing this legal action.” 

Clean river campaign group River Action’s founder Charles Watson stamped his approval on Leigh Day’s action.

“It is entirely appropriate that the polluter must now be made to pay to clean up the mess we believe it has created and subsequently profited from,” he said.

The motion comes at a time of heightened tensions among the UK’s water industry for a littany of ongoing failures.

Systematic and persistent operational issues remain across domestic water providers, including Thames Water, which continue to charge higher customer bills to try and ease mounting debt piles.

Additionally, the UK River Trust last month found that not a single river in England was classified as in good health, with nearly nine out of 10 falling below ecological standards.

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