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06 November 2015 / Dominic Regan
Issue: 7675 / Categories: Features
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Sorry, not sorry

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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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