Legal spotlight - September 2025

THE GOVERNMENT is to encourage greater use of apologies in civil proceedings in England and Wales by reforming the law of apologies. Acknowledging the beneficial impact an apology can have in civil disputes, the government has committed to introduce legislation “to provide additional clarity that offering an apology does not represent admitting liability in a wider range of cases, and also represents a chance to foster a legal environment that encourages genuine apologies”. The new law will apply to civil proceedings in scope only. Criminal proceedings will be unaffected.

There has been a traditional reluctance to apologise in civil disputes in England and Wales, driven largely by fear that saying sorry may be seen as an admission of liability, weakening a defence. As a genuine apology can play a positive role in the dispute resolution process by reducing adversarial behaviour and the potential for disagreements to escalate, this was seen as unfortunate. In an attempt to address this and make it easier for individuals or organisations to apologise, without fear of admitting liability, legislation was brought in to make this possible on a statutory basis. 

The current law for England and Wales is set out in section 2 of the Compensation Act 2006 (the Compensation Act) and aims to remove any deterrence from offering an apology given by a perception that so doing would constitute an admission of liability. It is generally felt, however, that the current legislation has done little to encourage the offering of apologies.  

To address this, in 2024 the government consulted on replacing the current regime, including on whether it should be made clear that the regime on apologies in civil matters should extend to cases involving vicarious liability. Vicarious liability is a legal principle which can make organisations liable for their employees actions, even where the organisation itself is not at fault. While section 2 of the Compensation Act allows defendants to make apologies without compromising their defence in claims for negligence or relating to breach of statutory duty, it does not explicitly make it clear that it also applies to cases of vicarious liability.  This uncertainty feeds into insurance concerns, and in particular the fear that an apology may void an insurance contract. This is cited as one of the main reasons organisations hesitate to offer apologies.

The government’s commitment to reform is set out in their recent response to the consultation.  The response document outlines the feedback received and the proposed changes to the existing legal framework.

The government has committed to introduce primary legislation reforming the law in this area.  Whilst the detail of that legislation is awaited, the government has indicated that it will include a clear definition of an apology, designed to reduce uncertainty over the distinction between an apology and an admission of liability. However, the government recognises that “care will be needed when drafting the legislation to avoid the risk of over-defining apologies”.  The government has acknowledged respondent concerns that an overly prescriptive statutory definition can create more problems than it solves, including limiting flexibility and potentially making apologies less meaningful. To be effective an apology must be genuine and not simply fit a statutory template definition.  

The proposed legislation will also make it clear that vicarious liability is covered. Vicarious liability can be applicable in a variety of areas of civil litigation, including civil claims for workplace injury.  This clarification will help to ensure that early apologies can be made in various contexts, “potentially improving relationships and aiding in rehabilitation, especially in cases involving serious injuries”.  

The new law will not be retrospective and nor will it extend the law of apologies to apply to all types of civil litigation or regulatory disputes.  In particular, public inquiries and professional regulatory proceedings are likely to be excluded, along with defamation claims.

Scotland already has an Apologies (Scotland) Act 2016 which gives legal protection to an apology, deals with the effect of an apology in legal proceedings, and provides a definition of an apology. Whether the government decides to replicate this for England and Wales remains to be seen. However, the reforms suggested, particularly if accompanied with effective guidance, have the potential to at least focus the areas in dispute between parties to civil proceedings, cutting time and crucially costs, in theory at least.

Kevin Bridges is a partner and head of health and safety at Pinsent Masons. For more information, visit www.pinsentmasons.com