The Anglers’ Conservation Association, representing two angling clubs, is considering possible grounds for appeal following a court judgement last week in favour of United Utilities over a pollution incident on a Cumbrian river in April 2006. For two days raw sewage spilt from a blocked main sewer at Penrith into the river Eamont, polluting the water and littering the banks with sewage debris.
Although the Environment Agency decided at the time that the pollution was a criminal offence under the Water Resources Act 1991, no prosecution was brought against United Utilities. The Yorkshire Flyfishers Club and Penrith Anglers, who lease fishing rights on the Eamont, a Site of Special Scientific Interest (SSSI) and a Special Area for Conservation (SAC) under European law, could not fish due to the filthy state of the river. Both clubs asked the Anglers’ Conservation Association (ACA) to bring a civil claim against the water company for loss of amenity.
Guy Linley-Adams, senior solicitor at the ACA, commented: "The ACA is shocked and extremely disappointed that judgement has gone against the claim brought on behalf of the Yorkshire Flyfishers Club and Penrith Anglers. If it stands, the outcome effectively means that United Utilities will have been allowed to pollute the Eamont – a protected and prized river – with no legal consequences whatsoever. That cannot be right."
Mark Lloyd, Executive Director of the ACA added: "We are very concerned at the awful message this will send to United Utilities and other would-be polluters. If this judgement stands, the clubs, who have a legal right to an unpolluted river, will not be compensated. The ACA is urgently considering grounds for appealing the judgement. We are also very proud to have lost only three cases at trial in 60 years and are keen to maintain that record."
