Nuisance – Occupier. The Court of Appeal, Civil Division, dismissed the second defendant's appeal against the judge's decision that she was liable in nuisance to the claimant owners of the next door property, even though she did not occupy the property from which the nuisance emanated. W had been in possession and control of the property throughout her daughter's residence there and she had been able to abate the nuisance, but had chosen to do nothing.