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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 midst of the “compensation culture” hysteria and so the Act

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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