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Case details

Hastings (Appellant) v Finsbury Orthopaedics Ltd and another (Respondents) (Scotland)

Case ID: 2021/0088

Case summary


Did the lower courts in law by not holding that the hip replacement product used for the Appellant’s hip replacement was defective within the terms of the Consumer Protection Act 1987?


The Appellant underwent a metal-on-metal total hip replacement (“MoM THR”) in 2009. The prosthetic hip used was manufactured by the Respondents (each making separate parts). In 2012, the Appellant underwent revision of the left side of his hip implant.

The Appellant claims that the replacement hip used was defective and seeks damages based on section 2 of the Consumer Protection Act 1987. The issues in the present case were limited at first instance to the question of whether certain propensities and risks inherent in MoM THR prosthetic hips rendered the particular combination of components used in the Appellant’s operations defective within the meaning of section 3 of the 1987 Act.

The Outer House refused the Appellant’s motion, determining that the particular product was not defective within the terms of the 1987 Act. The Inner House refused the Appellant’s reclaiming motion.

Judgment appealed

[2021] CSIH 6



John Hastings


1) Finsbury Orthopaedics Ltd, 2) Stryker UK Ltd



Lord Reed, Lord Kitchin, Lord Stephens, Lady Rose, Lord Lloyd–Jones

Hearing start date

28 April 2022

Hearing finish date

28 April 2022

Watch hearing
28 Apr 2022 Morning session Afternoon session

Future Judgment Update

Please note that appeal in the matter of Hastings (Appellant) v Finsbury Orthopaedics Ltd and another (Respondents) (Scotland) has been heard by the Supreme Court and is currently awaiting judgment.

As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.