Rapp v Sarre (formerly Rapp) [2016] EWCA Civ 93

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.