Three Cumbrian angling clubs have received compensation from the First Milk and Cheese Company Limited after chemicals spilled out of its Aspatria creamery in June 2008. The clubs were represented by Fish Legal, the legal arm of the Angling Trust, who claimed damages on their behalf.
The pollution – which caused the death of thousands of wild fish including salmon and trout – occurred when chemicals were accidentally released from tanks at First Milk’s cheese factory and into the River Ellen via an on-site surface water drain.
First Milk was apparently unaware that they had been storing chemical waste next to an open drain that would allow the chemical to end up in the river.
The Environment Agency’s staff attended to see dead fish floating over 4km of the river. The fish kill had, according to their statements, resulted “in an almost complete fish kill” in downstream sections. Officers recalled that dead juvenile fish “were too many to collect…”. Adult fish of up to 12 lb were also found dead in the river.
Independent aquatic scientists instructed in 2010 by Fish Legal concluded that the river would still take several years more to fully recover.
First Milk were prosecuted by the Environment Agency for this incident but denied civil liability for damage caused to the angling clubs’ polluted fisheries. The claim made by the angling clubs was expected to go all the way to trial but was finally settled following protracted negotiation.
William Rundle, Solicitor at Fish Legal commented:
“This has been a long running and difficult case mainly on account of a poor investigation by the Environment Agency that did not clearly establish the full impact of the pollution. Nevertheless, we have persevered and I am pleased that Fish Legal was able to agree a very substantial settlement for its member clubs. Now that compensation has finally been paid over they can look to restoring the river that was so badly affected by the pollution.”
Formerly known as the Anglers’ Cooperative Association (ACA) Fish Legal is a unique, non-profit making organisation set up to use the law to fight pollution and other damage to the water environment – both freshwater and marine – and to protect the rights of anglers and angling. They act for fishing clubs, fishery owners, syndicates, commercial fisheries across the whole of the UK. In England only they are the legal arm of the Angling Trust and operate independently across the rest of the country.
