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Sorry, not sorry

06 November 2015 / Dominic Regan
Issue: 7675 / Categories: Features
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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

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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