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

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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. They are matters concerned with the activities that constitute the trade professed by the defenders. 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.

In my respectful view Di Pinto ought to have been followed in Chris Hart; if it had been the potential absurdity of a major trader claiming the protection afforded to a consumer whenever he stepped out of his habitual line of business would not have arisen. In so doing he did not follow the decisions in Chris Hart (Business Sales) and B J Mann Advertising. 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. It is not about winning, it is about being able to make the bet, and for me that was a very significant point. 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.That case concerned a question of application of Section 23A of the Unfair Contract Terms Act 1976 to a contract of employment. The sheriff refused to grant decree holding, on the basis of Rule 3(4) above quoted that the court had no jurisdiction. 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.

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.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. That argument, derived from the dicta in Di Pinto, has some support in the observations of Lord Caplan in Chapman. The defenders were domiciled outwith the jurisdiction of Glasgow Sheriff Court but prorogated its jurisdiction.

It is sufficient to observe that the underlying purpose of the legislative provisions takes into account the principle that the "acquirer of goods and services should be protected against the abuse of power by the seller or supplier, in particular against one-sided standard contracts and the unfair exclusion of essential rights in contracts" (European Council Directive 93/13/EEC). 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, 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. That case concerned an argument between a Greek couple whose occupations were respectively described as civil engineer and lawyer. 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.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.