Plans to introduce legislation to protect people from legal action if they apologise for causing injury are “pointless and misguided” lawyers have said.

In its response to a consultation on a proposed Apologies (Scotland) Bill, the Association of Personal Injury Lawyers (APIL) said the courts take each case on its merits and already provide protection, where appropriate, for people who apologise after an injury has occurred. But there are cases when an apology provides valuable evidence that something has gone wrong, which is why the courts should always be aware if an apology has been made.

APIL's submission also makes the point that if a criminal were to apologise for attacking and injuring another person, society would never accept that legal proceedings should be abandoned on the strength of the apology. The same principle must be retained in civil cases of injury caused by negligence to avoid creating an unacceptable two-tier justice system in Scotland.