Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Misleading definition

What does Misleading mean? In legal practice, “misleading” describes statements, descriptions or omissions that create a wrong overall impression, even if literally true, and are likely to influence a person’s decision in a material way. The term is defined in consumer and marketing legislation. In the UK, the Trade Descriptions Act 1968 formerly provided (s 3(2)) that a trade description which, though not false, was likely to be taken as an indication of specified matters and would, as such an indication, be false to a material degree, was deemed a false trade description. That regime has largely been replaced by the Consumer Protection...

Date of knowledge under section 14 Limitation Act 1980: practical guide to actual and constructive knowledge, significant injury, attribution and expert enquiries — England and Wales

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Actual or constructive Date of knowledge

As set out in section 14 of the Limitation Act 1980 (LA 1980), it is deceptive for the purposes of limitation. It captures situations where a claimant knows the essential components of the tort, and also where they are deemed to know them, even if in fact they do not, because the court imputes that knowledge. The test is partly subjective and partly objective. Put differently, it combines personal awareness with knowledge the court attributes to the claimant for limitation purposes. The date of knowledge may arise although the claimant was unaware of having suffered injury, or of any link between that injury and the Defendant’s conduct. If the date of knowledge post-dates the injury, the limitation clock does not begin to run until that later date. The onus rests on the claimant to establish that the relevant knowledge arose later than the injury. They must show that time started on the later date. When is this notion likely to matter?...

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Web page updated on 21/05/2026

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