‘New Judgment: Hastings v Finsbury Orthopaedics Ltd and another (Scotland) [2022] UKSC 19′

“This appeal is unusual in that the legal issues concerning the application of the CPA are largely agreed. The basic principles may be summarised as follows. The CPA (and the EU directive which it implemented) have introduced a system of no-fault liability in respect of defective products. The test of whether a product is defective is whether the safety of the product is not such as persons generally are entitled to expect. The burden of proof is on the consumer to establish a defect and a causal link to the injury …” (more)

[UK Supreme Court Blog, 29 June]

First posted 2022-06-30 10:00:36

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