BBK Manifesto: Reform the law on apologies in civil proceedings
The law on apologies in civil proceedings should be updated to ensure survivors of abuse are more likely to receive an apology.
Section 2 of the Compensation Act 2006 allows public institutions to provide an apology without admitting liability in civil proceedings, but defendants remain averse.
Almost two decades on from the introduction of the Act, there is little empirical evidence indicating it has prompted businesses to utilise apologies more frequently as a means of reparations.
A sincere apology significantly aids those who have endured suffering to overcome their traumas and move forward. It has the power to reconcile damaged relationships, heal psychological wounds, and facilitate the healing process. A failure to receive an apology can escalate feelings of anger for victims and is objectively insulting.
In April 2024, the Ministry of Justice launched a consultation on this issue. It is a welcomed step. However, there must be no further delay to ensure the legislation is changed so survivors are more likely to receive an apology.
The deadline for the consultation was the 3rd June, and with the upcoming election it is vital the new government commits to taking action on the outcome of the consultation.
This blog is part of our #ChampioningChange Campaign, specifically Bolt Burdon Kemp LLP’s 2024 Manifesto for Injured People. In this campaign we call for politicians and candidates to prioritise injured people as they go into the 2024 General Election. This work is informed by our clients’ experiences and our partnerships with charities which support our clients and others like them. If you would like to read more about our full manifesto you can do so here.
