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. I bought this book and I am spreading it about my friends, because I have loads of people who I love, who waste their money on bookmakers. There is no dispute that this was a proper consequence of the conclusion that the case does not concern a "consumer contract". They are matters concerned with the activities that constitute the trade professed by the defenders. The former Hearts, Motherwell and St Johnstone winger speaks openly for the first time about his secret betting addiction that saw him blow more than a million pounds and wrecked his football career.

The defenders were domiciled outwith the jurisdiction of Glasgow Sheriff Court but prorogated its jurisdiction. In Chris Hart (Business Sales) Ltd v Niven, 1992 SLT (Sh Ct) 53 a firm specialising in the marketing of hotel and licensed premises raised an action for payment of sums claimed under a contract with the owner of licensed premises for the marketing of the premises. 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". He was eventually released when the club went into administration at the end of the 2001/02 season with many employees and players losing their jobs.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. 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.

Alongside Andy Dow, both players were made to train with the reserves and youth players, Kevin would have a brief loan with Ayr United. You can change your cookie preferences at any time and find out more about our cookie policy by following this link. 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. You can change your choices at any time by visiting Cookie preferences, as described in the Cookie notice. That argument embraces both the concept of the defender as a "final consumer" and the requirement that the contract was to "satisfy his own needs in terms of private consumption".It was no secret that he was an avid Hearts supporter but he chose Motherwell over his boyhood heroes and signed a new three year deal with Motherwell during the pre-season of 2001. I reject any suggestion, as did the sheriff, that the terms "trade" and "profession" each have a narrow or specialised meaning. 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! I no longer can kid myself that if I win back some of what I have lost, I will breath a sigh of relief and then stop, because that simply won't happen, I will just lose it again and that is the reality. In so doing he did not follow the decisions in Chris Hart (Business Sales) and B J Mann Advertising.

The defender's answer to this would be that he is not a trader; that earning his living by being employed by a football club does not give him a "trade" or "profession". Alongside the date of the transfer, the clubs involved and the transfer fee, it also displays the market value of the player at the time of the transfer.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. I had never heard of this gentleman before I saw this book, I came across it and decided to read it because I am having issues at the moment with online gambling that I am trying to address and I felt reading it might help and give me some insight into how to sort out the problem. As in many areas where the jurisprudence of the European Court applies, all is not necessarily as obvious as it seems. The specific protection sought to be afforded by those provisions is unwarranted in the case of contracts for the purpose of trade or professional activity, even if that activity is only planned for the future, since the fact that activity is in the nature of a future activity does not divest it in any way of its trade or professional character".