ABSTRACT
While the power to order an apology is not in doubt, whether courts should order an apology involves complex legal, ethical and practical considerations. Drawing on recent human rights cases, the article offers a view on how the courts have addressed the tension that arises in ordering an apology against a reluctant litigant despite recognising the role of an apology in redressing the grievance. The preponderance of judicial authority leans away from ordering an apology against a reluctant litigant; the court is also not disposed to ordering an apology against a public officer who is reluctant to give one.
Joshua Aston, Kenneth Yin and Prafula Pearce, Court ordered sorriness: Judicial perspectives in discrimination cases, Alternative Law Journal. First published online 13 May 2025.
Leave a Reply