This is the harrowing and moving story of how one man's life fell apart spectacularly because of his addiction to gambling and how he finally managed to conquer his demons. any relevant principles laid down by the European Court in connection with Title II of the 1986 Convention and to any relevant decision of that court as to the meaning or effect of any provision of that Title". To calculate the overall star rating and percentage breakdown by star, we don’t use a simple average. I have equally no doubt that this agreement, which is a contract of agency, is one in which the defender appointed the pursuers to act on his behalf in all matters relating to the carrying on of that profession, including the all important aspect of getting him a contract of employment in the first place.

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. That case concerned an argument between a Greek couple whose occupations were respectively described as civil engineer and lawyer. 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.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". 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. 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. 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. In a comprehensive submission the solicitor for the defender reviewed the relevant European and domestic law, commencing with reference to certain EC Conventions and Reports.

Delve into our features and read about controversial moments, Match Fixing, Defunct Lanarkshire Cups, European Matches and Tours the club have embarked upon. 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. 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. 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.b) the commercial exploitation of the (defender's) identity and profile whether by way of promotional or sponsorship contracts or otherwise". 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 remained at McDiarmid Park for two years, making 51 league appearances and finding the net on ten occasions.

He was referred to the Benincasa case and in particular to the observation in the judgment of the European Court of Justice that "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". 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. 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.You can change your cookie preferences at any time and find out more about our cookie policy by following this link. 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. The sheriff refused to grant decree holding, on the basis of Rule 3(4) above quoted that the court had no jurisdiction. 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". 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.