The government has launched a consultation on the role of apologies in civil proceedings in England and Wales to consider whether the existing legislation is adequate, with copies of the consultation paper being sent to various entities including the Association of British Insurers (ABI) and the Forum of Insurance Lawyers (FOIL).
In a release, the government said: “The Compensation Act, which became law in 2006, made it easier for public institutions, private companies, and their employees to apologise, without admitting liability in civil proceedings. Yet almost 20 years on, there is little evidence this has encouraged businesses to use apologies more as form of reparation…
“Often, organisations and individuals remain reluctant to apologise because of concerns it may be interpreted by the aggrieved party, or insurers, as an admission of fault. Changing the law to make this clearer could remove barriers – perceived or real – to apologising, while broadening the scope of the law would allow people to express regret and offer more earnest apologies.”
Feedback is being sought from those involved in or with an interest in civil proceedings in England and Wales – litigants, legal professionals representing claimants and defendants alike, the insurance industry, and members of the judiciary.
While copies of the consultation paper are being provided to the likes of the ABI, FOIL, Association of Personal Injury Lawyers, Bar Council, The Law Society, Trades Union Congress, and many others, the government noted that responses can be submitted by anyone with views on the matter.
“We would welcome any evidence on how often apologies are made and how widely the current law is being used,” reads part of the Reforming the law of apologies in civil proceedings document. “Views on reasons why it has or has not been used, as well as its success in being deployed by parties in disputes are also welcomed.”
The government consultation will close on June 3.
Commenting on the move, Justice Minister, Lord Bellamy, declared: “The place of apologies in the justice system is becoming increasingly important, and this consultation will explore ways of strengthening this role, not least to enable victims to find closure and move on with their lives.”
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