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

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There is no dispute that this was a proper consequence of the conclusion that the case does not concern a "consumer contract". It is not about winning, it is about being able to make the bet, and for me that was a very significant point. 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. These observations are factually correct, but the definition of "consumer" in the relevant directive is in terms which are so close to the definition in Rule 3 of Schedule 8 of the 1982 Act as to make no material difference. Lord Caplan was, however, dealing with the situation of an individual entering into a contract of employment.The writ was placed before a sheriff who refused to grant a warrant for service holding that the defender was a consumer, that the contract was one for services, and that consequently jurisdiction was excluded in terms of Rule 3. The company was said to have failed to comply with certain provisions of French law which gave the "consumer" cancellation rights. The sheriff in holding that the jurisdiction of the court was not excluded by virtue of Rule 3 of Schedule 8 of the 1982 Act, also excluded from probation certain averments by the defender which seek to found on the 1999 Regulations. 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". 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.

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. It is in my view a bold step to make any assumption in that regard in all but the clearest of cases. 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.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". 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". That case concerned an argument between a Greek couple whose occupations were respectively described as civil engineer and lawyer. They entered into a series of foreign exchange agreements with Standard Bank London Ltd which involved trading in ECUs. 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.

He remained at McDiarmid Park for two years, making 51 league appearances and finding the net on ten occasions. An action for payment in this court was met with the plea of no jurisdiction on the basis that the contract was a consumer contract. 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.The sheriff refused to grant decree holding, on the basis of Rule 3(4) above quoted that the court had no jurisdiction. 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. In the present case the agent for the defender submitted that in employing someone effectively to act as a recruitment consultant the defender was not engaging in a managerial act; it was a matter of personal requirement that he seek employment. 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.