UK law of apologies ‘crucial’ and increased use should be welcomed

Julian Diaz-Rainey of Pinsent Masons was commenting after the UK Ministry of Justice published its response to a consultation (34-page / 311KB PDF) on reforming the law of apologies in civil proceedings in England and Wales.

The consultation sought to gather views on how apologies should be treated in legal contexts, particularly in relation to personal injury claims and vicarious liability. The response document outlines the feedback received and the proposed changes to the existing legal framework.

Diaz-Rainey said: “As the consultation response points out, receiving an apology can be a crucial part of the healing process and significantly help in alleviating some of the survivor’s pain and distress.”

The consultation was initiated to address the limitations of the Compensation Act 2006, which allows defendants to make apologies without compromising their defence in personal injury claims. However, this provision does not extend to vicarious liability.

The response sets out a proposed clear definition of what constitutes an apology. This includes expression of regret, sympathy, or sorrow, and statements of fact related to the incident. The response also suggests that an apology should not be considered an admission of fault or liability, stating that by removing the fear of legal repercussions, individuals and organisations will be encouraged to offer sincere apologies. The aim here is to improve relationships and foster a culture of accountability and empathy.

The government is now set to introduce new legislation on apologies – “to provide additional clarity that offering an apology does not represent admitting liability in a wider range of cases, and also represents a chance to foster a legal environment that encourages genuine apologies.”  The new legislation will make it clear that vicarious liability is covered “to clarify the legal risks for organisations”.

This reflects the existing Apologies (Scotland) Act 2016, which gives legal protection to an apology, deals with the effect of an apology in legal proceedings, and provides a definition of an apology.