They might require to contract, for instance, with specialists for mechanical or electrical repairs to premises or to equipment. 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.

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. 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.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. 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. Compared to what the author went through financially and emotionally my issue is pretty minor, but reading his story gave me some uneasy moments as I identified how easy it can be to get into a real mess like he was in and I recognised traits of my own behaviour in his, and that I cannot afford to be complacent and kid myself that things would never get as bad for me as they were for him, and how important it is that I tackle (no pun intended) my issues quickly and take the steps I need to make to help myself now. Also to anyone that may be affected by someone else who may be gambling, this book may help you to have a better understanding of this terrible illness.

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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". 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. 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. 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.

Two decisions of the European Court which are of relevance to this issue were discussed in submissions to me. He went on to say that "The evidence is all to the effect that it was outside their trade or profession that the contracts were being made". It has been observed that those developing the legislation have sought to establish that "only final consumers acting in a private capacity should be given special protection": (Report by Professor Schlosser on the Accession Convention Section 4 - Official Journal of the European Communities 1979 see 59/71). 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.It is in my view a bold step to make any assumption in that regard in all but the clearest of cases.