Couple sue whisky giant for £40k over ‘angels’ share’ mould

IT is known as ‘the angels’ share’, the vapour that escapes from whisky as it matures in barrels.

But one couple claims there is nothing heavenly about the fumes from one drinks warehouse, alleging they are damaging their property.

They are now suing drinks giant Diageo for £40,000, saying the black mould that is blighting their home in Bonnybridge, Stirlingshire, is caused by a whisky storage facility half a mile away.

Thomas Chalmers, 53, and his wife Gail, 47, claim stains caused by the Baudoinia fungus, a by-product of the whisky maturation process, have caused the value of their home to fall by up to 10 per cent.

Diageo insists the blackening does not cause damage and that property values are unaffected.

The firm previously tried to have the claim dismissed but a judge rejected the move and a second bid to get the case thrown out has also been turned down. An evidential hearing will now take place at the Court of Session.

Lord Tyre said: ‘[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.’ He added: ‘The proper measure of the pursuers’ loss, if any, ought to be determined after the hearing of evidence.’

Mr Chalmers has been locked in a dispute over the fungus for several years with Diageo, which is valued at around £70billion.

He and his wife say the ‘nuisance’ of ethanol vapour, given off as whisky matures, has caused black fungus on houses in the area. They claim they ‘deep clean’ their house every year, using bleach to get rid of stains, and that it costs £100 to remove fungus from their cars.

They maintain that the value of their house, which they bought for nearly £140,000 in 2002, has been reduced by 5 to 10 per cent.

In May 2017 its value was between £190,000 and £195,000.

In a previous statement, Mr Chalmers said: ‘The fungus is unpleasant, unsightly and has blackened properties in the area. It can blacken anything left outdoors. It is difficult to clean and cleaning provides no permanent solution because as soon as it’s removed, it begins to reappear.

‘I have tried to get rid of it but nothing has worked. I have even resorted to painting the fencing and decking in my garden black to disguise the fungus.’

A Diageo spokesman said: ‘We strongly dispute the claims made against Diageo in this case. We care deeply about the relationships we have built with our neighbours and are sympathetic to the concern raised about exterior blackening of some buildings.

‘However, exterior blackening visibly exists across many structures in Scotland, including where there are no whisky warehouses, and it is therefore very difficult to say that it is caused by any single environmental factor.’