header-logo header-logo

Sorry, not sorry

06 November 2015 / Dominic Regan
Issue: 7675 / Categories: Features
printer mail-detail
nlj_7675_regan

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll