Life On The Line: How to Lose a Million and So Much More

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Before that view could be taken he had to be said to be involved in the "organisation of the activity which leads to gain", in other words a managerial act. The issue which arises is whether this is a "consumer contract" for the purposes of Rule 3(4) of Schedule 8 of the Civil Jurisdiction and Judgments Act 1982. The issue was whether the contract was a "consumer contract" within the meaning of Section 25(1) of the 1977 Act which defines such a contract as one in which "one party to the contract deals and the other party to the contract (the consumer) does not deal or hold himself out as dealing in the course of business". He said "It is certainly not part of a person's trade as a civil engineer or a lawyer to enter into foreign exchange contracts. The essence of the argument advanced on behalf of the defender was that he had, in a private capacity, entered into a contract to enable him to earn more as an employee.

If it is, it is not disputed that this court has no jurisdiction in the present case as the defender does not have his domicile in Glasgow. In my respectful view Di Pinto ought to have been followed in Chris Hart; if it had been the potential absurdity of a major trader claiming the protection afforded to a consumer whenever he stepped out of his habitual line of business would not have arisen. b) the commercial exploitation of the (defender's) identity and profile whether by way of promotional or sponsorship contracts or otherwise". They might also require to contract for specialist advice on electrical, mechanical or chemical engineering problems. Born in Edinburgh in October 1971, Kevin Twaddle was a tall winger/forward who was signed by Billy Davies at the start of the 1999/00 season.Crucially he explains how in the grip of a gambling addiction you only care about one thing at the time - getting the money to do it. You can change your cookie preferences at any time and find out more about our cookie policy by following this link. The Sheriff Principal observed that the question was similar although perhaps less clear than in Chris Hart (Business Sales) Ltd. He said that he did not think that the European Court could have intended those words as a substitute for the words of the relevant EEC directive (with which he was concerned) or of the Brussels Convention, but even if they were to be applied literally concluded that the contracts in question were for the purpose of satisfying the needs of the defendants in terms of private consumption. I have no doubt that the occupation of the defender, namely that of professional footballer, is a trade or profession.

I do not believe that an employee who hires out his labour can be said to be dealing in the course of a business". He made the telling point that if, as appeared from the earlier decisions of the Sheriff Principal, the issue was solely one of whether the contract was a type which the defenders would ordinarily enter into in the course of their trade of business that would leave the way open for the largest of corporations to argue that they should be treated as "consumers" whenever they entered into a contract which did not fall directly within their business purposes. Kevin, who has since gone on to play pool for Scotland, has not had a bet for more than six years, holds a prominent position in Gamblers Anonymous and now also uses his experiences to help the Professional Footballers Association (Scotland) to educate today's footballers of the pitfalls of gambling. In so doing he did not follow the decisions in Chris Hart (Business Sales) and B J Mann Advertising.To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average.

They are matters concerned with the activities that constitute the trade professed by the defenders.

That decision was the subject of an appeal to the Sheriff Principal the argument being that the defenders had been acting in the course of their trade and that Rule 3 did not apply. They might require to contract, for instance, with specialists for mechanical or electrical repairs to premises or to equipment.

The decisive factor is, therefore, not the personal circumstances of the individual but rather his position under a particular contract, having regard to its scope and purpose".As the provisions of Rule 3 reflect the terms of Article 13 of Title II of the EC Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (Brussels 1968) it is with these words of exhortation that one embarks on an exercise to determine whether a person who earns his living by playing football and who engages an agent to negotiate contracts in terms of which he will be paid for doing so has concluded a contract which "can be regarded as being outside his trade or profession". It should be interpreted in the light of its purpose which is to protect the weaker party and in accordance with other International instruments with the same purpose such as the Judgments Convention. A complete A to Z of Motherwell Fc players from 1886 to Present, a match report to every fixture the club has played. The status of consumer referred to by Article 13 is not determined by a pre-existing subjective situation; the same natural person may be a consumer for certain purposes and an entrepreneur for others. In the context of these observations the agent for the defender stressed that his client was the ultimate consumer; the contract was for the purpose of satisfying his own needs - he was not "trading on".