Couple win right to sue for £100k over angel’s share ‘blight’
A FAMILY who claim the ‘angel’s share’ from a whisky warehouse has caused black fungus to cover their home have won the right to sue a distilling giant.
Thomas and Gail Chalmers allege evaporated alcohol from maturing casks stimulates the unsightly mould, discolouring their property.
The couple, of Bonnybridge, Stirlingshire, raised an action at the Court of Session seeking £100,000 in damages from Diageo. But the company sought to have the case dismissed, arguing the claim was of ‘an unprecedented nature with the potential to have radical impacts on a major industry’.
Lawyers for the Chalmers argued ethanol from Diageo’s distillery germinates Baudoinia compniacensis – known as ‘warehouse staining fungus’ – and that this is avoidable.
As well as infesting the exterior of their home, the couple allege it has attacked garden furniture and destroyed a sundeck.
Mr Chalmers, 51, said he has to bleach his home – which he bought in 2002 – almost once a year in an effort to control the mould.
He added: ‘I don’t know what damage to the house is being done by bleaching it off. It’s the whole house, your slabs, your car. I put new decking in the back last year and it is black now – in one year.’
Craig Connal, QC, for Diageo, had argued that the distiller – which ages whisky in nine bonded warehouses nearby – had a long-standing operation, whereas the Chalmers were newcomers.
The firm has operated in the area since 1979 and the neighbouring Woodlea Park estate – where the Chalmers live – was built in 2002. In its defence to the claim, Diageo said: ‘Cosmetic discolouration has no impact on property value and has had no impact on the value of properties in the Bonnybridge area.’
It also argued that any ethanol derived from its operation in the area ‘is at levels so low as not to be capable of ready detection and measurement’. However, a judge ruled yesterday that the couple’s action can go ahead to a hearing of evidence.
Lord Ericht said: ‘Damages for nuisance can be awarded by the Scottish courts.’ But he added that the full circumstances would need to be proven before any decision was made.
Mr Chalmers said he was happy with the judge’s ruling. The network analyst said: ‘We never wanted to move but it’s not pleasant staying here any more.’
A Diageo spokesman said: ‘We note the judge’s opinion issued today and will await the next procedural stage of this case.’
‘We strongly dispute the claims made against Diageo. Exterior blackening visibly exists across many structures in Scotland and it is very difficult to say it is caused by a single environmental factor.’