Before that view could be taken he had to be said to be involved in the "organisation of the activity which leads to gain", in other words a managerial act.

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 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. The decisive factor is, therefore, not the personal circumstances of the individual but rather his position under a particular contract, having regard to its scope and purpose". He remained at McDiarmid Park for two years, making 51 league appearances and finding the net on ten occasions. I have no doubt that the occupation of the defender, namely that of professional footballer, is a trade or profession.That was an action in which a firm of solicitors sued for professional fees arising out of work undertaken by them in representing the defender's interests in an action brought by the Secretary of State for Trade and Industry in which he sought the disqualification of the defender from acting as a company director. 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). 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.

They might require to contract, for instance, with specialists for mechanical or electrical repairs to premises or to equipment. They might also require to contract for specialist advice on electrical, mechanical or chemical engineering problems. 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 defender's answer to this would be that he is not a trader; that earning his living by being employed by a football club does not give him a "trade" or "profession". 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.

Kevin, who has since gone on to play pool for Scotland, has now not had a bet for more than six years, holds a prominent position in Gamblers Anonymous and also uses his experiences to help the Professional Footballers Association (Scotland) to educate today's footballers on the pitfalls of gambling. 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 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. Moreover, if the defender falls to be regarded as a "consumer" at the time of entering into the contract, he is entitled to the benefit of certain protections in terms of the Unfair Terms in Consumer Contracts Regulations 1999. 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.