Couple take legal action against Diageo over '˜whisky fungus'

The production of whisky creates Baudoinia compniacensis fungus as a by-product. Picture: John Devlin

A couple have won a landmark judgment allowing them to proceed with legal action against one of Scotland's largest whisky distillers over the blackening of their home caused by fungus created in the production of the spirit.

Thomas and Gail Chalmers want drinks giant Diageo to install “abatement technology” as they claim their home in Bonnybridge, Stirlingshire, has been stained black by the Baudoinia compniacensis fungus, a by-product of the whisky maturation process. The couple’s home is near warehouses belonging to the firm.

Mr and Mrs Chalmers say the “whisky fungus” experiences accelerated growth when exposed to ethanol vapours – commonly known as the “angels’ share” – causing anything outdoors in the surrounding area to be coated with a black mould and have requested Diageo install a “thermal oxidiser” in their maturation sheds to stop the fungus flourishing.

However, despite the Court of Session ruling the distillers do have a case to answer, Diageo denies the mould is the cause of blackening buildings.

David Short, of Balfour and Manson, leading the action for the claimants, called on Diageo to be “good neighbours,” and admit the mistake.