Appeal based on the use of capital to meet needs and the allocation of high-risk assets.
Facts:
- H was previously an oil trader, but had lost his job due to cocaine and alcohol abuse.
- HHJ Everall QC had awarded H the high-risk investment assets of the family on the basis that it had been his choice to use these vehicles, whereas W had no particular knowledge of investing.
- The Judge had also allocated H an earning capacity on the basis that, although he could not return to work as a trader due to his substance abuse, he would be able to continue investing in businesses and generate an income that way.
Held:
- The Court of Appeal upheld these decisions. It was reasonable for general assumptions to have been made about H’s needs when he had declined to engage in proceedings or provide a detailed analysis himself.