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

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The sheriff in holding that the jurisdiction of the court was not excluded by virtue of Rule 3 of Schedule 8 of the 1982 Act, also excluded from probation certain averments by the defender which seek to found on the 1999 Regulations. In Chris Hart, the Sheriff Principal began by rejecting the relevance of Di Pinto on the basis that it related to "a directive that protects consumers in respect of certain particular commercial practices".

Bearing in mind the observations of the European Court in Benincasa that the concept of "consumer" must be strictly construed, there is no justification for interpreting those terms in that restricted fashion. The pursuers' retorted by offering to prove that it was essential for the defender's business interests that he continue to have the capacity to hold office as a director. The writ was placed before a sheriff who refused to grant a warrant for service holding that the defender was a consumer, that the contract was one for services, and that consequently jurisdiction was excluded in terms of Rule 3. Whilst the defender is an individual he is effectively in the position of a sole trader, and the engagement of an agent to "exploit the identity and profile" of a sole trader can hardly be equivocated to that of an individual obtaining employment. Only contracts concluded for the purpose of satisfying an individual's own needs in terms of private consumption come under the provisions designed to protect the consumer".That means that by no stretch of the imagination can it be said to be for matters outside of his trade or profession, and accordingly this is not a consumer contract". I reject any suggestion, as did the sheriff, that the terms "trade" and "profession" each have a narrow or specialised meaning. 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 that case the defenders contracted with the pursuers who were advertising specialists, for the provision of publicity material in the form of golf umbrellas and tee-shirts. am to determine further procedure; finds the defender and appellant liable to the pursuers and respondents in the expenses occasioned by the appeal and remits the account thereof when lodged to the auditor of court to tax and to report thereon.

There is no dispute that this was a proper consequence of the conclusion that the case does not concern a "consumer contract". It is also worthy of note that in a report on the 1980 Convention on the law applicable to contract obligations (Official Journal C282/23) Professors Giuliano and Lagarde made the following comments: "The definition of consumer contracts corresponds to that contained in Article 13 of the Convention on Jurisdiction and Enforcement of Judgments. In the present case the agent for the defender submitted that in employing someone effectively to act as a recruitment consultant the defender was not engaging in a managerial act; it was a matter of personal requirement that he seek employment. Visit our extensive Photo Section which will rekindle the memories of your favourite players in action.A few weeks later he scored the only goal in a 1-0 win when the ten men of Motherwell ( Shaun Teale being sent off in the first half) upset Celtic at Parkhead, he repeated this feat against St Johnstone the following weekend. The defender's agent founded on this passage in support of his argument that to be involved or engaged in business involved a managerial activity or, a "degree of organisation of activity". He went on to say that "The evidence is all to the effect that it was outside their trade or profession that the contracts were being made". Acts which are preparatory to the sale of a business, such as the conclusion of a contract for the publication of an advertisement in a periodical, are connected with the professional activity of the trader; although such acts may bring the running of the business to an end, they are managerial acts performed for the propose of satisfying requirements other than the family or personal requirements of the trader".

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. He talks about his addiction and how it led to him stealing, going to loan sharks, left him facing jail and considering the ultimate gamble - suicide - before he finally got his life back on the straight and narrow. It then shows, how, an incident that the gambler perceives as 'hitting rock bottom' has the power to awaken that person , giving him the power to confront his daemons, with the help of family and friends and GA! 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.

As the Advocate-General rightly observed in point 38 of his opinion, the self-same person may be regarded as a consumer in relation to certain transactions and as an economic operator in relation to others. Also to anyone that may be affected by someone else who may be gambling, this book may help you to have a better understanding of this terrible illness. These observations are factually correct, but the definition of "consumer" in the relevant directive is in terms which are so close to the definition in Rule 3 of Schedule 8 of the 1982 Act as to make no material difference. He remained at McDiarmid Park for two years, making 51 league appearances and finding the net on ten occasions.