Water firm facing huge legal claim over sewage stench

Published on Monday 10 May 2010 23:30

SCOTTISH Water is facing a massive legal claim from residents who say the stench from a sewage works is blighting their lives.

Residents in Edinburgh have instructed lawyers to prepare a case against the utility firm for failing to do enough to tackle the odour produced by the Seafield works.

With more than a 1,000 residents potentially in line for annual payouts of 2,000 to 3,000 stretching back over several years, Scottish Water could face a bill of up to 30 million if the claim is successful.

The case of the Leith Links Residents' Association is being handled in partnership by Edinburgh-based legal firm Lawford Kidd and Cardiff firm Hugh James, specialists in environmental law.

The Welsh firm is at present handling a similar case against Thames Water; more than a 1,000 residents living near a water treatment works in the London borough of Hounslow are claiming compensation payments of between 2,000 and 3,000 a year.

Lawyer Neil Stockdale, acting on behalf of the Leith residents, said: "We are working with the Leith Links Residents' Association to investigate a possible claim.

"Lawford Kidd have made several requests under the Freedom of Information Act to Edinburgh City Council, Scottish Water and also Sepa (Scottish Environment Protection Agency] for documentation. We are looking carefully to assess the merits of a case against Scottish Water for the blight the residents have suffered.

"Things are at a very early stage and we have not initiated any actionat the moment."

Mr Stockdale said potentially "hundreds if not thousands" of local people could be involved in the group legal action, which is understood to be being carried out on a no win, no fee basis.

There could also be moves to seek an injunction forcing Scottish Water to stop creating any more odour.

The sewage smell had expected to be curbed by a number of short-term measures put into place as Scottish Water and the city council spent 20m putting an "odour abatement plan" at the plant into action, but Rob Kirkwood, spokesman for the residents' association, said local people were still forced to live with the stench.

He said: "For the past 50 years, large numbers of Leithers have had to live inside a cloud of hydrogen sulphide – the smell of rotten eggs. Companies have always been able to treat Leithers as if they don't count and it has been very difficult to take on this big firms."

A Scottish Water spokesman said: "Scottish Water is not aware of any legal action being taken in regard to the Seafield waste water treatment works."