Fish Legal permitted to prosecute Southern Water for river pollution

Fish Legal was given the right to proceed with its private prosecution against the utility company at a hearing at Southampton Magistrates Court on Thursday, September 28.

The charges concern pollution entering the River Test from an outfall operated by Southern Water at Nursling Industrial Estate near Southampton.

READ MORE: Southern Water faces prosecution for pollution in the River Test

'Making polluters pay' (Image: Fish Legal)

Penelope Gane, head of practice at Fish Legal, said: “We’re delighted that the judge has given our private prosecution against Southern Water for polluting an iconic chalk stream the green light.  Despite protests from both the Environment Agency and Southern Water – who had King's Counsel in court on the day – the judge could see no reason why Fish Legal should not go ahead with bringing its own criminal case against the water company.

SEE ALSO: Charity says drought permit extensions could be the final blow for Atlantic salmon

“With the release of the State of Nature report showing that freshwater species are becoming rarer, we are determined to inject some urgency into stopping pollution on the River Test and, in this case, protecting wild salmon. The Environment Agency told the court that it had started looking into Southern Water’s role in the pollution but it’s too little, too late as far as we’re concerned.”

The legal action follows diesel pollution over the last two years which Southern Water claims its teams "quickly" dealt with, working with other organisations to protect the river.

The section of the chalk stream between Romsey and the estuary, the focus of the criminal case, is currently classed as “unfavourable” due to polluting discharges. 

The next hearing in the prosecution case is listed for February 27.

Fish Legal is a not-for-profit organisation of lawyers who represent anglers in their fight against polluters and others who damage the water environment.