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

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I reject any suggestion, as did the sheriff, that the terms "trade" and "profession" each have a narrow or specialised meaning. That was an action in which a firm of solicitors sued for professional fees arising out of work undertaken by them in representing the defender's interests in an action brought by the Secretary of State for Trade and Industry in which he sought the disqualification of the defender from acting as a company director. The Sheriff Principal having resumed consideration of the cause refuses the appeal and adheres to the sheriff's interlocutor complained of dated 14 March 2002; remits the cause to the sheriff to proceed as accords; continues the cause to the Miscellaneous Procedure Roll of 20 September 2002 at 10. In 2003, he joined St Mirren, but again his stay was a short one, and he moved on after making only three appearances. In a subsequent dispute Mr Benicasa contended that when he concluded the franchise agreement he was not carrying on a business and that therefore he should be regarded as a consumer within the meaning of Article 13 of the Brussels Convention.

That case concerned an argument between a Greek couple whose occupations were respectively described as civil engineer and lawyer. During his Motherwell career he was very injury prone, he broke his arm at the start of the 2000/2001 season while on a pre-season tour of the Netherlands, he broke it again later in the season. Kevin tells his harrowing story of what his punting did to his family, how it killed relationships, destroyed his bond with his daughter and almost caused his parents to split up.They entered into a series of foreign exchange agreements with Standard Bank London Ltd which involved trading in ECUs. I am not disposed to do so, and I consider that Sheriff Taylor was well founded when he expressed doubts as to the soundness of these decisions in Semple Fraser v Quail. 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. Whilst that case involves a wholly different definition of "consumer contract" the agent for the defender referred to a passage in the opinion of Lord Caplan (at p 1209) where he dealt with the question of whether the pursuer was dealing "in the course of a business". 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.

Moreover, if the defender falls to be regarded as a "consumer" at the time of entering into the contract, he is entitled to the benefit of certain protections in terms of the Unfair Terms in Consumer Contracts Regulations 1999. 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. That case concerned a question of application of Section 23A of the Unfair Contract Terms Act 1976 to a contract of employment.He played forever in the Scottish league probably why I never heard of him before but an honest account and a nice guy deep down. Lord Caplan was, however, dealing with the situation of an individual entering into a contract of employment.

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. I thought the author was very honest and brave telling us what he did to get money to gamble, especially to his family as it clearly continues to make him feel very ashamed about what he did.In so doing he did not follow the decisions in Chris Hart (Business Sales) and B J Mann Advertising. They were using the money in a way which they hoped would be profitable but merely to use money in a way one hopes would be profitable is not enough, in my view to be engaging in trade". He said that the defender might not have retained the services of the pursuers for "private consumption" but rather in furtherance of his future business interests. Visit our extensive Photo Section which will rekindle the memories of your favourite players in action. They might also require to contract for specialist advice on electrical, mechanical or chemical engineering problems.

They might require to contract, for instance, with specialists for mechanical or electrical repairs to premises or to equipment. If such a person acts partly within, partly outside his trade or profession the situation only falls within the scope of Article 5 if he acts primarily outside his trade or profession". 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. Kevin Twaddle was a footballer who was always prepared to take a risk on the park but it was off it where he really gambled.That "private consumption" test was applied by Sheriff Taylor in this court in Semple Fraser v Quail, 2002 SLT (Sh Ct) 33, and was followed by the sheriff in the present case. The sheriff refused to grant decree holding, on the basis of Rule 3(4) above quoted that the court had no jurisdiction. 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. It is in my view a bold step to make any assumption in that regard in all but the clearest of cases.