Jo Bateman, who attempts to swim every day off the coast of Exmouth, is taking legal action against South West Water, claiming its frequent sewage discharges into the sea have taken away her legal right to a public “amenity”.
However, in its defence to Ms Bateman’s claim, seen by i, the water firm states no one has a legal right to swim in the sea.
What will actually happen is the company will get a slap on the wrist and told to clean it up. From there they will up their customers prices in order to clean up their own negligence.
Speaking as someone with basic law knowledge, this specific company has no legal obligations to this specific swimmer.
However, let's get into tort of negligence where while this swimmer cant profit from it, the company can be forced to correct its damages and make those affected whole.
Im thinking a multi billion dollar program focused on reseeding the oceans, filtering of approx 150km3 of water, and restoration of biodiversity to pre industrial levels. Plus 8 hours of average wage for the swimmer as compensation for lost time and a new surf board of equal or greater value.