Supreme Court gives judgment in Consumer Protection Act case

In Hastings v Finsbury Orthopaedics Ltd [2022] UKSC 19, the Supreme Court dismissed the appeal by the pursuer, running a ‘test’ case in the Scottish Metal-on-Metal hip implant litigation. Whilst this was the first occasion on which the Consumer Protection Act 1987, on which the claim was solely based, has been considered by the Supreme Court (or House of Lords), the appeal was dismissed on the basis that it was, in substance, an appeal against findings of fact. So the Supreme Court did not need to address the arguments raised by the appellant relying on the European law principle of effectiveness, the primacy of the statutory purpose of consumer protection or the domestic law principle of fairness.

Robert Weir QC appeared for the appellant, leading Robert Milligan QC and Clare Connelly of the Scottish Bar, instructed by Thompsons Solicitors (Scotland).

A copy of the judgment can be found here

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