“The Law of Apologies: Can Saying Sorry Really Protect You?”
Apologies can heal relationships, calm emotions, and rebuild trust. But in law, they’ve long had an uneasy place. For years, people were told never to apologise after an accident or mistake in case it was treated as an admission of guilt. In recent years, however, the legal landscape has shifted — recognising that sometimes “sorry” can be part of the solution, not the problem.
Sorry Doesn’t Always Mean Liable
Under section 2 of the Compensation Act 2006, an apology or offer of redress “shall not of itself amount to an admission of negligence or breach of statutory duty.”¹ This means that a doctor or company representative can apologise without automatically accepting legal responsibility.
This provision was intended to promote openness, particularly in healthcare, where patients value honesty as much as outcomes. The Duty of Candour, introduced by the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, goes further by requiring medical professionals to inform patients when something goes wrong.²
Why People Still Fear Saying Sorry
Despite these protections, many organisations still discourage apologies. Insurance companies and legal advisers often warn that it looks like admitting fault. Yet research suggests that refusing to apologise can make litigation more likely, as people turn to courts when they feel dismissed or unheard.³
In one NHS initiative, hospitals that encouraged open communication and apologies after errors saw a drop in negligence claims.⁴ Patients weren’t always seeking money — they wanted empathy and accountability.
Apologies Beyond Negligence
The same principle applies in other areas of law. In employment disputes, consumer complaints, and even defamation, a sincere apology often prevents escalation. In mediation, a heartfelt “sorry” can shift the tone of a negotiation more effectively than any settlement offer.
The key is authenticity. A “non-apology” — the kind that begins with “I’m sorry if you were offended” — tends to make matters worse. Genuine empathy, even without legal fault, remains one of the strongest tools for resolution.
The Human Side of the Law
Ultimately, the law of apologies recognises something profoundly human: that acknowledgment is as powerful as compensation. Saying sorry doesn’t erase wrongdoing — but it does open the door to understanding, trust, and closure.
References (OSCOLA)
- Compensation Act 2006, s 2.
- Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936, reg 20.
- Jennifer Robbennolt, ‘Apologies and Legal Settlement: An Empirical Examination’ (2003) 102 Michigan Law Review 460.
- NHS Resolution, Learning from Litigation Claims (2021) https://resolution.nhs.uk accessed 8 October 2025.
