| The
Legal Unit - cases and advice
The ACA has more than 60 cases ongoing, acting
for ACA members throughout England, Wales and
Northern Ireland. We have listed below a selection,
which is regularly updated. We are also dealing
with over 100 advice matters on behalf of our
members on issues relating to angling and water
law including: incorporation, bailiffing, canoeists,
bulls in fields, excessive weed growth, loss
of fishing rights, poaching and many, many more…
For more details of the cases and campaigns, please use the links below,
selecting the region you are interested in. A brief summary of every
case and/or campaign in each region will be shown and, in some instances,
a link to further information provided.
Alternatively, you can simply scroll down to view all the cases and campaigns we are currently dealing with.
Scotland
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Irvine - Burn Anne -
The ACA acts for the Galston Angling Club in relation to disruption of fishing caused by substantial flood defence works at Galston |
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Irvine - Darvel -
The ACA acts for the Darvel Angling Club in relation to a massive fish kill caused by farm slurry. The offender has been successfully prosecuted by SEPA and the ACA has submitted a civil claim for damages. |
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River Awe -
This case relates to the mass escape of rainbow trout from rainbow trout farms on the Awe causing disruption to the wild brown trout and salmon fishing on the Awe system. The ACA acts on behalf of the Argyll & Lochaber DSFB and the Loch Awe Improvement Association. |
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River Bladnoch -
The ACA acts for its member against the Forestry Commission and other private forestry activity in relation to damage caused to club waters by acidification of the headwaters of the River Bladnoch. |
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River Ericht -
The ACA acts for the Blairgowrie Rattray & District Angling Association. This claim involves an over-abstraction from the River Ericht by a rainbow trout farm leaving the main river Ericht dry during periods of low flow. |
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Rotten Calder -
The ACA acts for the East Kilbride Angling Club in relation to a sewage pollution incident from the Allers sewage works run by Scottish Water, for which Scottish Water have now been fined £4,000. |
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Ugie -
The ACA acts for the Ugie Angling Association in relation to a fish kill on a tributary of the Ugie caused by a chemical discharge |
Wales
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Dyfi -
The ACA acts for the New Dovey Fisheries Association in relation to damage to their fishing a result of railway embankment works near Machynlleth. |
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Llyn Padarn -
The ACA acts for the Seiont Gwyrfai & Llynfis Anglers Society in relation to the continuing discharges from Welsh Water’s sewage works into Llyn Padarn – a protected site of international importance due to its population of “Torgoch” or Arctic Char. |
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Llynfi -
The ACA acts for the Llynfi Valley AA in relation to the pollution of the Llynfi from Georgia Pacific's papermill cooling water discharges near Bridgend. |
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Ogmore Catchment -
The ACA is currently investigating various pollution incidents on the Rivers Ogmore, Ewenny and Nant Crymlyn on behalf of the Ogmore Angling Association. |
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Olway Brook -
The ACA acts for a riparian owner on the Olway Brook in Monmouthshire which as been subject to a significant fish kill as a result of an agricultural pollution.
The ACA has won over £10,000 in damages at Court and has sent in the bailiffs to recover property to cover the damages won and the ACA costs.
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Parc Newydd Fishery -
The ACA acts for the fishery owner of the Parc Newydd Fishery in relation to the diversion of a feeder stream for his coarse fishing lakes.
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River Sirhowy -
The ACA acts for the Islwyn & District Anglers whose fishing on the River Sirhowy was curtailed by the discharge of chemicals from FKI Switchgear which led to widespread fish mortalities. A claim has been made and a response from the company is awaited. |
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Taf Fechan -
The ACA acts on behalf of the Merthyr Tydfil Angling Association (MTAA) against United Utitlities in relation to the discharge of water treatment chemicals from the Pontsticill Water Treatment Works on the Taf Fechan which caused a massive fish kill in August 2006. Welsh Water and United Utilites have been successfully prosecuted for the pollution by the Environment Agency and the ACA has issued proceedings at court against United Utilities.
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Northern Ireland
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River Lagan -
The ACA acts for the Iveagh Angling Club in Northern Ireland regarding a very serious pollution of the River Lagan at Donacloney, which was caused by leakage of a waste chemical from a burst water pipe. The leakage appears to have led to widespread fish mortality, including the deaths of many brown trout, salmon, pike, eels and gudgeon. |
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Shimna and Burren -
The ACA acts for the Shimna Angling Club. The Shimna, and its tributary, the Burren in Northern Ireland, suffered a massive influx of raw sewage in July 2006 from the storm overflow of the Margeurite Park Pumping station, causing the deaths of thousands of fish including parr, smolt, sea trout and brown trout.
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Six Mile Water -
The ACA acts for the Antrim & District Angling Association in relation to ongoing siltation emanating from a privately owned quarry |
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Threemile Water -
The ACA acts for the Threemile Water Conservation and Angling Association in Northern Ireland whose fishery was affected by a leak from an oil storage tank in January 2006. The Environment & Heritage Service of Northern Ireland did not prosecute the polluter - O'Hare & McGovern - but the ACA is preparing to issue a claim at court.
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Midlands & East Anglia
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Cuttle Mill Pools -
The ACA acts for Cuttle Mill Pools Fishery following a spillage of milk from a tanker which found its way into this commercial fishery. The ACA is currently preparing a claim against the perpetrator. |
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River Camlad -
The ACA acts for both the Pheasant Tail Fly Fishers and the Camlad Fly Fishers Club in relation to an organic pollution incident on the Camlad whch resulted in a large number of dead fish. The Defendant's insurer has now agreed to settle the claim. |
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River Dove -
The ACA acts for the Burton Mutual Angling Association in relation to the over-abstraction of water at the Egginton Intake on the River Dove.
The water company concerned has been prosecuted by the Environment Agency for the over-abstraction.
The ACA is also cnsidering what legal steps can be taken to reduce the impact of the licensed abstraction at Egginton.
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Stoke Brook/Derwent -
The ACA is acting for Derbyshire Constabulary FFC and the Waltonian AC which both fish the River Derwent. In early 2007, there was a devastating sedimentation discharge from a tailings lagoon at a quarry owned by Glebe Mines. The sediment formed concretized beds on the gravels of the Stoke Brook which feeds into the Derwent; the plume of sediment then continued downriver as far as the Trent, affecting many spawning areas. The Environment Agency’s expert prepared a report on the pollution very early on, recommending further urgent testing and remediation work. Over a year later, no proper testing of the sediments has been undertaken by the Environment Agency and further discharges of silt have occurred. |
Northern England
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Common Bank Lodge -
The ACA acts for the Common Bank Angling Club whose fishery suffered two pollution incidents in March 2006. It is believed that there was a discharge of sewage from a pumping station operated by United Utilities and secondly a discharge of oil from an as yet unidentified source. The pollution resulted in a fish kill.
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Costa Beck -
The ACA is investigating the decline in fish stocks in Costa Beck – a limestone spring-fed stream - on behalf of the Pickering Fishery Association. It is believed that a combination of over-abstraction and pollution from a Yorkshire Water sewage plant is causing the problems for the river.
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Lodges Fishery -
Feb 2008 - United Utilities have agreed to pay £30,000 to Rochdale and District Angling Association in damages following a series of releases of chlorinated water from the company's Buersil Reservoir. |
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Lune & Wyre -
The Lune has been affected by siltation caused during the construction of a pipeline crossing. The ACA has been assisting the Lune and Wyre Habitat Group in their negotiations with Entrepose to secure compensation as quickly as possible. |
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River Eamont -
The ACA acts for the Yorkshire Fly Fishers Club in relation to prolonged pollution of the Eamont at Penrith from combined sewer overflows.
The ACA has made a formal complaint to the European Commission over the UK's failure to comply with the Urban Waste Water Treatment Directive in improving discharges at Penrith.
The ACA submitted evidence on behalf of both the YFFC and the Penrith Anglers in public hearings concerning the proposed revision of the relevant discharge consents.
The ACA has also taken United Utilities to the County Court over a sewage spill in Penrith in April 2006.
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River Ribble -
The ACA acts for the Ribblesdale Angling Association, the Mid Ribble Angling Society, Lancashire Fly Fishing Association, Ribchester & District Angling Association, Clitheroe Angling Association and a riparian owner in relation to siltation of waters during the laying of a gas pipeline at three river crossings on the Ribble river-system. The Environment Agency is currently prosecuting Entrepose. |
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Tees Barrage -
The ACA acts for a large number of fishery interests upstream of the Tees Barrage in relation to the failure to provide an effective fish pass at the barrage.
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Tickhill Lakes -
The ACA acts for the Fenton & District Angling Society against the owner of a landfill site/quarry/4x4 wheel drive track.
This matter has proved difficult to resolve. As the pollution from the quarry continues unabated following the use of the use of the quarry for 4x4 events, the ACA is currently considering an injunction as a method of ending the pollution. Under pressure from the ACA, the Environment Agency is now also considering enforcement proceedings.
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West Riding Quarry -
The ACA acts for the Owlett Hall Angling Club in relation to fish deaths in club waters following contamination with diesel. |
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Westlands Lakes -
The ACA acts for Westlands Lakes in relation to pollution leaking from a disused illegal tannery waste tip on neighbouring land. |
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Yorkshire Calder -
The ACA acts for the Ryburn & Halifax Angling Society. In 2006, there was a discharge of sewage into the River Calder which followed a power failure at a treatment works owned and run by Yorkshire Water. The pollution subsequently caused the death of many adult and juvenile fish, including trout and grayling. Even though the utility was, according to the Environment Agency, within the terms of its consent to discharge, the utility offered the Agency money to restock the river. Extraordinarily, the Agency declined to accept the offer and the ACA continues to negotiate with Yorkshire Water directly. |
Southern England
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Bourne Rivulet -
This case involves the noticeable absence of Gammarus spp. from the Bourne Rivulet, which is a tributary of the River Test, a well known chalk stream. It is likely that the various discharges from a cress farm and imported salad-washing factory, based on the Bourne Rivulet, are to blame. Following further detailed discussions with riparian owners and other interested parties, the ACA has instructed experts to investigate the Gammarus issue and the damage to the fishing rights.
The ACA is considering whether sufficient grounds exists to bring a claim in private nuisance against Vitacress.
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Brook Farm Fishery -
The ACA acts for the owners of the Brook Farm Fishery whose lake fishery has been polluted over a prolonged period, allegedly by livestock entering the feeder stream to their lakes.
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Hollies Trout Farm -
The ACA acts for this commercial fishery following the failure of the East Devon District Council with regard to noise abatement and planning enforcement against the Dunkeswell Kart Circuit. The ACA continues to put pressure on the council and has threatened to review their failure to enforce planning conditions against the kart track. |
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Lydney Canal -
The ACA represents its member club, the Lydney & District Angling Club, in relation to a discharge of raw sewage from a treatment works owned by Severn Trent Water causing a fish-kill on the club’s waters. Severn Trent Water has been prosecuted by the Environment Agency as the utility was in breach of its discharge consents. |
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Lynsters Lake, West Hyde -
The ACA acts for the Fisheries Inn Angling Society in relation to low water levels at the Society's lakes and abstraction by the local water company.
In connection with this case, the ACA has heavily criticised the Environment Agency's very unambitious draft target for reducing the over-abstraction of the Colne as a whole in the years to 2018. |
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Milton Pools Fishery -
The ACA acts for this commercial fishery near Oxford after fish supplied to them by a commercial fish supplier perished.
The ACA is investigating whether the grounds exist for any claim to be brought against the supplier. |
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River Coln -
The ACA acts for a riparian owner against BioLab UK in relation to a major pollution of the River Coln in 2006 following a fire at the chemical company’s site. The incident is currently being investigated by the Environment Agency. |
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River Grom -
The ACA acts for the Royal Tunbridge Wells Angling Club in relation to a sewage pollution incident and fish kill on the River Grom in 2006. |
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Wylye and Till -
The ACA acts for the Till Fly Fishing Club concerning increased summertime abstraction at Chitterne leading to the premature drying of the Till and reduced flows on the Wylye which leads to the need for annual fish rescues. The ACA is acting on two fronts; putting political pressure on the Environment Agency to reduce the abstraction from the headwaters of the chalk stream and assembling a formal letter of claim to be submitted to Wessex Water in due course. |
Please check this page for regular updates
of legal cases.
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