Couple allowed to proceed with distillery suit

COURT: Value of property is alleged to have diminished due to damage from angel’s share vapour

A couple who claim that the “angel’s share” of evaporated alcohol from a whisky bond has blighted their property have secured a ruling allowing them to proceed with suing a distilling giant.

Thomas and Gail Chalmers maintain that the vapour has caused damage to outdoor furniture and their house in Bonnybridge, in Stirlingshire, and that the value of the property has been diminished.

They are suing Diageo Scotland for £40,000 in an action at the Court of Session in Edinburgh.

The firm previously tried to have the claim dismissed but a judge rejected the move and following further procedure a second judge has allowed the case to go to an evidential hearing.

Lord Tyre said: “In my opinion the pursuers (the Chalmers) have given sufficient notice of costs and other losses which, if all were to be established in evidence, might amount to the sum sued for or thereabouts.

“My view as just stated should not, of course, be interpreted as the expression of any opinion as to the likelihood of the pursuers succeeding on liability or, if they do so succeed, on their prospects of recovering the whole of the damages that they seek.”

In the action the couple, of Woodlea Gardens, claim that the “nuisance” of ethanol vapour, given off as whisky matures, in the atmosphere has caused a black fungus on houses in the area.

They maintain that the value of their house has been reduced by about 5% to 10% because of the effects of the fungus on properties.

They originally bought the new-build for nearly £140,000 in 2002 and in May 2017 its value was in the region of £190,000 to £195,000.

It is said in the action that Mr Chalmers cleaned the back of the house once a year and has found through trial and error that thin bleach works best, with 16 bottles needed for the task.

The couple said their cars are also affected by the fungus and each requires to be valeted at least once and sometimes twice a year at a cost of about £100 a time.