A Falkirk couple have been allowed a proof before answer in a nuisance action against Diageo Scotland Ltd. The action relates to accusations that the ethanol vapour released from Diageo’s casks of whiskey over time (known as the “angels’ share”and the subject of a Ken Loach film from a few years back) has damaged their property, which is situated downwind from Diageo’s facility, by causing black fungus to cover the outside of their property.
The case has been on-going since 2017, and at the most recent hearing in the Court of Session, Diageo accused the pursuers of “double counting” as they are attempting to claim for loss of property value, loss of amenity, and cleaning costs, and should they be successful they would only be able to recover one of these. They also stated that there was no way to accurately calculate future loss as it was unclear how long the pursuers intended to live in the property.
The pursuers argued that they could at least claim for cleaning costs alongside on of their other claims, and that without further enquiry it is not yet possible to say which measure would be most appropriate to claim for.
Lord Tyre, who heard the case, has allowed for a proof before answer and said that these issues should be resolved at a later date after the hearing of evidence, and that the pursuers’ averments in relation to costs and expenses are sufficiently specific for the case to proceed.
At Jackson Boyd, we deal with a variety of nuisance and property damage claims. If you are having similar issues with nuisance or damage caused to your property by the actions of a neighbour, our specialist team may be able to assist, and can be contacted online by clicking here or speak to a member of our specialist team on 0333 222 1855.