John Howell MP Proposes New Bill Allowing Parties To Offer An Apology Without Admitting Liability

During a legal dispute, often a party will not want to offer a formal apology through fear that it will be treated as an admission of liability. However, under a new private members bill, entitled the ‘Apologies Bill’, which has been proposed by John Howell MP, a party will be able to make an apology without them being subject to any legal liability.

John Howell commented that when used appropriately an apology can prevent a dispute from going to Court, making reference to a similar law that has been introduced in Scotland which has been successful. Mr. Howell commented:

“It should be the mark of both a mature democratic society, and, of its dispute resolution system, that an apology, whether made publicly or privately, can and should be allowed to be meaningful, and, helpful rather than simply a necessary yet tokenist gesture.

“An apology can truly change atmospheres, and, the nature of conversations, and, outcomes. Used appropriately, it can help avoid a dispute going to Court. Equally, it can assist the resolution of a case by changing the approach being taken.”

Mr. Howell’s office has commented that if the law were to change in line with the bill it would not take away people’s rights to pursue Court action against someone who has wronged them.

Opposition to the Apologies Bill

Not everyone is in favour of Mr. Howell’s bill, John Bates, an academic, has pointed out that a clause within the Compensation Act 2006 already confirmed that an apology should not amount to an admission of negligence or breach of statutory duty. With this in mind, he is of the view that there is no need to change the law and the Apologies Bill is actually a waste of Parliament’s time.

It will be interesting to see whether there is a change in law as a result of the bill and what practical implication this will have, if any, when pursuing matters through the Courts.