Apologies and Civil Liability in England, Wales and Scotland: The View from Elsewhere

Abstract

In recent years many common law jurisdictions in the United States, Australia and Canada have passed legislation protecting apologies from civil liability (mostly negligence). ¿ 2 of the Compensation Act 2006 (UK) is one of the more recent provisions. It applies in England and Wales but not to Scotland. It also differs significantly from other such provisions. This article explores what lessons can be learned about the likely impact of ¿ 2 from the experience in other countries and the literature on apology, whether the legislation is likely to have an effect on the propensity to sue and whether the fact that it does not apply in Scotland will create a significant difference between that jurisdiction and England and Wales in respect of approaches to civil liability.

Keywords: civil liability, England, Wales and Scotland jurisdictions