Consultation launched to establish how to reform law of apologies in civil proceedings

The Government has this week (8 April) launched a consultation on clarifying the law to encourage organisations to apologise to those who have been wronged.

Organisations and individuals often remain “reluctant” to apologise because of concerns it may be interpreted by the aggrieved party, or insurers, as an admission of fault, the Ministry of Justice (MoJ) observed.

“Changing the law to make this clearer could remove barriers - perceived or real - to apologising, while broadening the scope of the law would allow people to express regret and offer more earnest apologies”, said the Government.

The consultation seeks views on how the law of apologies should apply in cases of child sexual abuse.

The Independent Inquiry into Child Sexual Abuse (IICSA) recommended that apologies should be offered by employers for the actions of current or former employees – known as vicarious liability.

The IICSA heard that in many historic child sexual abuse cases, an apology by an institution was seen as equally – or more – important than compensation by victims.

Section 2 of the Compensation Act 2006 states an apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty.

However, the MoJ said: “Almost 20 years on, there is little evidence this has encouraged businesses to use apologies more as form of reparation – leaving many victims without proper closure and a sense they are unable to move on with their lives.”

The consultation follows a Private Members’ Bill introduced by John Howell MP to allow an apology to be given that is genuinely and sincerely meant without creating a legal liability.

It is hoped by Government that improvements could support victims and “spare them lengthy court disputes”.

Justice Minister, Lord Bellamy, said: “The place of apologies in the justice system is becoming increasingly important, and this consultation will explore ways of strengthening this role, not least to enable victims to find closure and move on with their lives.”

The consultation will run for eight weeks and close on 3 June 2024.

The consultation proposals do not force those defending a claim to offer an apology, the MoJ said. It also reserves the rights of either party to pursue further legal action even when an apology has or has not been offered.

Lottie Winson