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ARTICLE · 03 AUGUST 2023

Mr And Mrs Chalmers v Diageo Scotland Limited

Shepherd and Wedderburn
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A recent case in which the enjoyment of property has been allegedly disturbed by actions taking place on a neighbouring property may pique the interest of whisky distillers.

United KingdomLitigation, Mediation & Arbitration
Ross Simpson
Ross Simpson
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A recent case in which the enjoyment of property has been allegedly disturbed by actions taking place on a neighbouring property may pique the interest of whisky distillers. It is also a helpful reminder of when the common law of nuisance can be used as a remedy in neighbour disputes.

The case of Mr and Mrs Chalmers v Diageo Scotland Limited [2018] CSOH 36; [2019] SLT 1184 concerned the "angel's share" – the evaporated ethanol vapour from whisky casks – which it was claimed caused a black fungus (baudoinia compniacensis) to grow on Mr and Mrs Chalmers' house and garden furniture. The couple claimed this constituted a legal nuisance, for which £40,000 was sought from Diageo, the operator of the neighbouring whisky aging facility in Bonnybridge, Stirlingshire.

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