Scottish couple to sue Diageo over black fungus property damage

A Scottish court has ruled that a couple, who have claimed that the angel’s share emissions from a whisky bond have devalued their home, can pursue damages action against Diageo.

Thomas and Gail Chalmers, from Bonnybridge in Stirling, are maintaining that alcohol emissions from a Diageo-owned whisky maturation facility have resulted in black, sooty, fungal staining to their property and are seeking £40,000 in damages.

The London-based drinks giant had their request to have the legal action dismissed rejected in an Edinburgh court.

The presiding judge, Lady Carmichael said: “Mr and Mrs Chalmers aver that the emission of ethanol vapour from Diageo’s bonded warehouses amounts to a nuisance. They say their house is affected by black sooty deposits or staining caused by baudoinia.

 “The averments of damage here are sufficient to permit inquiry. They include a number of allegations about, in particular, a need to clean property to an extent that is on the face of it much more than one would normally expect to be the case.”

A Diageo spokesperson said: “We are disappointed in the court’s decision and are considering our options for appeal as we strongly dispute the claims made against us.”