Chalmers and another v Diageo Scotland Ltd

Civil procedure – Delict – Action for damages in nuisance. Court of Session: In an action for damages against whisky manufacturers in which the pursuers averred that release of ethanol vapour from the defenders' bonded warehouses amounted to a nuisance and had caused damage to their house and outdoor property, following a hearing at which the defenders sought dismissal of the action the court concluded that the pursuers had pled a sufficient case on liability to allow their averments on liability to go to proof before answer; they had not pled a sufficient case on loss, however they should be given an opportunity to seek leave to amend

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