The Government believes it is timely to review and consult upon the law of apologies in England and Wales. The current law is set out in section 2 of the Compensation Act 2006 (the Compensation Act) and aims to encourage those defending claims not to be deterred from offering apologies by a perception that doing so would constitute an admission of liability. While there is little empirical evidence to suggest how effective the current legislation is, the general view is that it has had very little impact as parties are understandably very averse to offering apologies for fear of liability being admitted. This consultation, therefore, looks at the role of apologies generally within the sphere of civil justice and asks whether the Compensation Act is suitable or whether it should be replaced with new legislation, and if so, what the new regime should be …
UK Ministry of Justice, Reforming the Law of Apologies in Civil Proceedings in England and Wales‘, Consultation Paper, 8 April 2024.
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