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Sorry, not sorry

06 November 2015 / Dominic Regan
Issue: 7675 / Categories: Features
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Sorry seems to be the hardest word, observes Dominic Regan

What are the legal ramifications, if any, of saying sorry?

The ghastly Thomas Cook fiasco highlighted the problem. Despite subsequent grandiose gestures the senior company representative at the inquest into the death of two young children on holiday refused to apologise for what had happened. One school of thought was that this was driven by the belief that such an utterance would equate to a binding admission of liability. Since the claims had already been settled for the pittance which English law dictates correct, that does not stand up.

Compensation Act

However, even if liability was a live issue, the law is clear. Section 2 of the Compensation Act 2006 is unequivocal: “An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty.” Many of us thought at the time that the 2006 Act was hollow for it merely restated what was widely accepted to be the pre-existing law. This was in the

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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