The Proposed Apologies Act for Scotland: Good Intentions with Unforeseeable Consequences

Edinburgh Law Review 17.1 (2013): 84-90

7 Pages Posted: 20 May 2013  

Charlie Irvine

University of Strathclyde – Law School

Date Written: January 5, 2013

Abstract

This article considers Scotland's proposed Apologies Act in the light of experience in other Common Law jurisdictions. A number of Common Law jurisdictions have passed Apologies Acts in the past 25 years, largely motivated by concerns about a 'litigation explosion'. The idea seems to be that providing evidentiary protection to apologies will encourage their use, or at least prevent insurers and lawyers from advising against them. Charlie Irvine considers the plausibility of this hypothesis and suggests that the drafters of the Bill face an unresolvable dilemma: blanket protection for apologies may prevent credible evidence from reaching the courts, while narrowing that protection to exclude admissions of fault may stilt apologies and rob them of credibility.

Keywords: apologies, Scotland, litigation, forgiveness

JEL Classification: K14, K19

Suggested Citation

Irvine, Charlie, The Proposed Apologies Act for Scotland: Good Intentions with Unforeseeable Consequences (January 5, 2013). Edinburgh Law Review 17.1 (2013): 84-90. Available at SSRN: https://ssrn.com/abstract=2267145

Charlie Irvine (Contact Author)

University of Strathclyde – Law School ( email )

Graham Hills Building
50 George Street
Glasgow, Scotland G1 1QE
United Kingdom
447779577019 (Phone)

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