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

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It seems to me that a contract for the marketing of their licensed premises is a contract for a purpose which can be regarded as outside the defenders' trade. 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 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". 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". b) the commercial exploitation of the (defender's) identity and profile whether by way of promotional or sponsorship contracts or otherwise". I agree with the sheriff that for the purposes of Rule 3 the occupation of the defender, namely that of professional footballer is a trade or profession and that the entering into of a contract in terms such as the present cannot be regarded as being outside that trade or profession.The defenders were domiciled outwith the jurisdiction of Glasgow Sheriff Court but prorogated its jurisdiction. 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". Moreover, the basis of protection afforded by the rules in relation to commercial practice - namely the protection of the "weaker" party to a transaction - also provide the underlying policy for the jurisdictional rule which was at the heart of the matter in Chris Hart as it is in this case.

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. 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. I have no doubt that the occupation of the defender, namely that of professional footballer, is a trade or profession.

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".

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. This is the harrowing and moving story on how one man's life fell apart spectacularly because of his addiction to gambling and how, after hitting rock bottom, he finally managed to conquer his demons. They are matters concerned with the activities that constitute the trade professed by the defenders. In this action the pursuers seek to enforce certain rights which they allege arise under a Management Agreement entered into between them and the defender on 31 July 2000. 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".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. 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.