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, 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 is contesting the action, claiming the property’s value is not adversely affected.
The couple, of Woodlea Gardens, maintain the “nuisance” of ethanol vapour in the atmosphere, given off as whisky matures in bonded warehouses near their home, has caused a black fungus on houses in the area.
They claim the value of their home has reduced between five and ten per cent due to the effect of the fungus on properties.
The Chalmers also say their cars have been affected by the black fungus.
Diageo claims that the blackening complained of does not cause serious disturbance, substantial inconvenience or material damage and property values are not affected.
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 been rejected. It will now go to an evidential hearing.