Jon Crocker, managing partner of Bindmans and head of our Medical Negligence and Personal Injury team, and Megan Owen, solicitor in our Medical Negligence and Personal Injury team, have written an article in Solicitors Journal on reforming the law of apologies in civil proceedings in England and Wales.

The Ministry of Justice (MoJ) launched a consultation last year which sought to clarify the law surrounding apologies in civil claims, in order to encourage organisations to apologise more. The MoJ’s response was published in February 2025.

The MoJ found that apologies in civil litigation are beneficial, however, they are underused due to the uncertain legal implications of apologising, ie, that it might undermine a defendant’s ability to defend claims. The broad consensus of the consultation was that in any reforms to the law, it must be clear that an apology is not an admission of vicarious liability, negligence or a breach of statutory duty.

In the medical setting, Jon and Megan write that apologies are less common than one might expect, often coming only after persistent requests or long delays. The duty of candour, which requires healthcare professionals to offer an apology when something goes wrong with a patient’s treatment, is not consistently applied.

An apology plays a crucial role in helping claimants seek justice, aiding in their emotional recovery.

However, Jon and Megan write that the following quotation from the MoJ’s initial consultation document underplays the harm caused by clinical negligence: “A significant example is in clinical negligence, where sincere, unreserved apologies have the potential to avoid litigation altogether. In some cases, a simple “sorry” may be what the claimant most wanted.”

Jon and Megan state that an apology may help in the process of healing, however it will not address the profound impact of clinical negligence.

Caution will be required when it comes to defining an apology, and it is important that apologies are sincere and honest.

Read the article, Reforming the law of apologies in civil proceedings in England and Wales, in Solicitors Journal here.