At worst, the legislation could lead to ‘hollow’ or tactical apologies that seek to pressurise complainants to settle on less advantageous terms. A (potential) defendant is safe in the knowledge that there will be no legal downsides in admitting fault. A complainant/plaintiff, on the other hand, armed with an open admission of fault by his or her counterparty, cannot use this to their advantage should the dispute not settle. This issue highlights the complexities of apology legislation and the potential scope for misuse. It is hoped that the drafting of the Apology Law, which has been subject to thorough scrutiny and careful drafting, strikes the right balance and prompts genuine apologies and attempts to settle.
If you would like to discuss the implications of the Apology Law to your organisation and its disputes portfolio, please contact the authors.
ABOUT THE AUTHORS
Julian Copeman Greater China managing partner Hong Kong
Gareth Thomas Partner, Head of commercial litigation Hong Kong
Dominic Geiser Partner Hong Kong
Anita Phillips Professional support consultant Hong Kong