A Bonnybridge couple, Thomas and Gail Chalmers, have successfully resisted an attempt by drinks giant Diageo to dismiss their lawsuit. The Chalmers claim that their property has been devalued due to the emission of ethanol, known as the angel’s share, from a nearby whisky bond owned by Diageo. They argue that the ethyl vapour encourages the growth of a fungus, causing black, sooty staining on their property.
The couple initially sought £40,000 in damages from Diageo Scotland, but the company is contesting the action. Lady Carmichael, the judge overseeing the case at the Court of Session in Edinburgh, rejected Diageo’s attempt to have the action dismissed. She found that the Chalmers’ allegations of damage were sufficient to warrant investigation.
According to the couple, the fungus covers both the interior and exterior of their home, resulting in a decrease in its market value. The Chalmers purchased the property in 2002 for £139,500, and its market value in May 2017 was estimated to be around £190,000 to £195,000. However, they assert that the fungus has reduced the value by approximately 5% to 10%.
In addition to the devaluation, the couple is burdened with excessive cleaning work. They have had to clean their house, patio, and sundeck regularly due to the impact of the fungus. Mr. Chalmers, who suffers from a back condition, has been physically unable to continue with the necessary maintenance work, such as power washing and painting the garden fence.
Lady Carmichael announced that she would allow a hearing of evidence in the case. She stated that the dispute requires the resolution of factual issues through expert witnesses’ testimony on specific and identifiable matters.
The Chalmers’ legal battle against Diageo highlights the potential consequences of whiskey production on nearby properties. Their allegations of property devaluation and the need for regular cleaning due to fungal growth serve to draw attention to the issue. As the case progresses, it will be interesting to see how the evidence supports the couple’s claims and how the court interprets the impact of the angel’s share on residential areas.
The outcome of this case may have implications for other communities situated near whiskey bonds or similar facilities, prompting them to consider potential legal action against distilleries.
