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GLOSSARY

Misleading definition

Published by a LexisNexis Corporate Crime expert

What does Misleading mean?

The Trade Descriptions Act 1968 (TDA 1968), s 3(2) provides that a trade description which, though not false, is misleading in that it is likely to be taken as an indication of such of the matters specified in TDA 1968, s 2 and, as such an indication, would be false to a material degree, shall be deemed to be a false trade description.

What distinguishes a 'normal' false trade description, ie one caught by TDA 1968, s 3(1) as being false to a material degree, from one which, though not false is caught by TDA 1968, s 3(2), has been judicially explained in the following terms. The distinction may be between an indication which tells a lie about itself and one which, whilst accurate on its face, misleads by its associations in the mind of the consumer.

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DPA suitability checklist

DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...

Issuing high yield bonds—documents list

Issuing high yield bonds—documents list The documents listed below provide an overview of the core transaction documents typically used to document a high yield bond issuance. The description for each provides an explanation of the document's purpose and the parties which typically enter into them. Additional documents may be required to deal with aspects of a specific transaction (such as escrow arrangements) or to reflect bespoke arrangements. Document Description 144A Global Note A single note signed by the issuer which represents the entire amount of debt in relation to the Rule 144A issuance.Section 5 of the US Securities Act 1933 requires all offers and sales of securities in the US to be registered with the Securities and Exchange Commission (SEC) unless an exemption applies. Rule 144A is a safe harbour exemption from the section 5 requirement and it enables the initial purchasers of the bonds (see Purchase Agreement below) to resell the bonds to 'qualified institutional buyers', institutional investors who meet certain criteria.For more information on Rule 144A,...

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Misleading actions under the Consumer Protection from Unfair Trading Regulations 2008 [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 have been revoked and replaced by the Digital Market, Competition and Consumers Act 2024 (DMCCA 2024). However, CPUTR 2008, SI 2008/1277 will still apply to any conduct occurring prior to 6 April 2025. For information on misleading actions under DMCCA 2024, see Practice Note: Misleading actions under the Digital Markets, Competition and Consumers Act 2024.Misleading actionsAn action can be misleading in relation to a commercial practice under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, in two different ways. The first way under CPUTR 2008, SI 2008/1277, reg 5(2) is if it:•contains false information and is therefore untruthful in relation to any of the matters set out in regulation 5(4) or if its overall presentation in any way deceives or is likely to deceive the average consumer in relation to any of the matters in that paragraph, even if the information is...

The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note summarises the law, guidance and practice in relation to protecting consumers from unfair trading. It reviews the key aspects of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008)—in particular the unfair commercial practices of misleading actions, misleading omissions, aggressive practices and banned practices, and it considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. This Practice Note also briefly considers the criminal offences created by the CPUTR 2008, enforcement and the private right of redress.The DMCCA 2024In July 2021, BEIS, now the Department for Business and Trade, launched a consultation on reforming competition policy, consumer rights and consumer law enforcement. Key proposals in the consultation included:•updating consumer rights by tackling subscription traps, preventing online exploitation of customers through fake reviews, and creating better prepayment protections•reforming the enforcement of consumer law by giving stronger powers to enforcers—including financial penalties, supporting customers and traders to resolve disputes independently, tackling...

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Claim against a driver for a collision caused by misleading signals

Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...

Facility letter (term loan): single company borrower—bilateral—unsecured

Facility letter (term loan): single company borrower—bilateral—unsecured [TO BE PRINTED ON THE HEADED PAPER OF THE LENDER] [insert name and address of borrower] [insert date] Dear [insert full name of borrower] We offer to place at your disposal a Sterling loan facility in the aggregate principal amount of £[insert amount in figures] ([insert amount in words] Sterling) [for the purpose of [insert details]] on the following terms and conditions: 1 Definitions 1.1 In this letter, unless otherwise provided: Base Rate • means the base rate of [the Lender OR [insert name of Bank]] for the time being and from time to time; Borrower • means [insert name of company], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address]; Business Day • means a day, other than a Saturday, Sunday or public holiday, on which banks are open for business in London; Commitment Expiry Date • means the earlier of the date falling [insert number]...

Dive into our 63 Precedents related to Misleading

If a UK resident were to lend money to their son who is not resident in the EU and the loan would be secured by way of a charge over property, would the transaction be exempt article 60G of the Financial Services and Markets Act 2000 (Regulated activities) Order 2001 if interest on the loan was set at 2.5%?

If a UK resident were to lend money to their son who is not resident in the EU and the loan would be secured by way of a charge over property, would the transaction be exempt article 60G of the Financial Services and Markets Act 2000 (Regulated activities) Order 2001 if interest on the loan was set at 2.5%? BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. No person may carry on regulated activities ‘by way of business’ in the UK unless he is an authorised person or an exempt person: section 22 of the Financial Services and Markets Act 2000 (FSMA 2000)....

Can a lender sue if it does not have the original or complete credit agreement?

Can a lender sue if it does not have the original or complete credit agreement? BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime. What is a copy? The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations, SI 1983/1557, reg 3 states that a copy must be a 'true copy'. The case of Carey v HSBC Bank stated that a true copy need not be a photocopy or other form of literal copy of the executed agreement. It could instead be a 'reconstituted version' of the executed agreement which could be produced from sources other than the original credit agreement. There are however...

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Should a claimant re-file and re-seal an amended claim form before service? (Beckett v Graham & Unite)

Dispute Resolution analysis: The claimant filed a claim form at the High Court using the electronic working system, which is governed by CPR PD 51O. The claimant amended the original sealed claim form in manuscript in accordance with CPR 17.1 and then served the amended claim form on the defendants. The defendants argued that service was ineffective because the claimant should have re-filed the amended claim form at court for re-sealing before serving it on the defendants. The court dismissed the defendants' application and held the claim form had been validly served, but with reservations on the current CPR PD 51O. Written by Jonathan Pawlowski, partner at Howard Kennedy LLP.

CAP and BCAP implement new misleading advertising rules under Digital Markets Act

The Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) have implemented amendments to their advertising rules, reflecting the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024. The changes, effective from April 2025, introduce mandatory total price disclosure requirements, prohibit fake reviews, require disclosure of incentivised reviews, and ban misleading presentation of consumer reviews. The rules also expand the scope for considering vulnerable consumer perspectives when assessing potentially misleading advertisements, regardless of whether ads specifically target vulnerable groups. The amendments replace provisions previously contained in the Consumer Protection from Unfair Trading Regulations 2008.

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