Rapp v Sarre [2016] EWCA Civ 93: appealing an order after having failed to properly participate in the proceedings

Matthew Durman  Lloyd Platt and Company 

The Court of Appeal case of Rapp v Sarre [2016] EWCA Civ 93 received wide spread national press coverage. The focus of this attention was the husband’s argument that HHJ Everall QC in the Central Family Court had been wrong at first instance to take into account the husband’s expenditure on cocaine and escorts (estimated by the judge at £600 000) when awarding the wife 54% of their £13.5m worth of assets. Typical headlines included '£7m for wife of trader who blew cash on sex and drugs' in the Daily Mail and 'Addict’s wife gets larger share in wedding vow case' in The Times.

The reference to 'wedding vows' arose from the husband’s argument that one takes one’s spouse for better or worse. Mr Rapp also argued that in accordance with the decision of Moor J in MAP v MFP [2015] EWHC 627 (Fam) one should take one’s spouse as you find them and that therefore it would be inappropriate to add-back sums due to expenditure which arose from what the wife accepted was addictive behaviour.

Given the level of attention...

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