An apology can be many different things. An offhand remark after you’ve bumped into someone on the street, a genuine and heartfelt declaration of regret, or a word you say to stop someone being annoyed with you. Similarly, saying sorry can be perceived in many different ways. For some people it makes all the difference and can provide closure on a disagreement. To others it means little and the damage dealt cannot be undone, regardless of how sincere you may have been.
Whilst the Court cannot order an apology from one party to another, such a step can sometimes be an important element of settlement discussions in a dispute that is being resolved through alternate dispute resolution (known as ADR).
But can an apology be incriminating? For example, if you were in a car accident and apologised to the other driver, does this mean you are taking responsibility for the collision and therefore admitting blame?
You’ll be pleased to know that Section 2 of the Compensation Act 2006 states “an apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty”. So you can continue saying sorry to your hearts content (on average 8-10 times per day!).
However, earlier this year on April 8th it was decided by the Ministry of Justice that a consultation would be issued, aiming to decide if the current Law of Apologies should be reformed.
If you are in any incident where an apology might cause an issue then please give us a call on 0114 272 9721.