Without admission of liability, explained

What the phrase does

The words appear in settlement agreements, payment offers, letters and public statements. They record that the party does not accept fault. Whether that holds in court depends on the law that applies.

Section 2 of the Compensation Act 2006 says an apology, an offer of treatment or other redress shall not of itself amount to an admission of negligence or breach of statutory duty ¹. The words of itself matter. A court can still find negligence on other evidence.

Settlement talks in US federal courts

Federal Rule of Evidence 408 bars evidence of offering or accepting something of value to settle a claim, and of conduct or statements in compromise negotiations. No party may use it to prove or disprove the validity or amount of a disputed claim, or to impeach by a prior inconsistent statement ².

The court may admit it for another purpose, such as showing bias or prejudice, rebutting a claim of undue delay, or proving an effort to obstruct a criminal investigation ². Statements in negotiations with a public office acting in a regulatory, investigative or enforcement role can be used in a criminal case ².

Rule 409 bars evidence of offering to pay medical or hospital expenses to prove liability for an injury. The Advisory Committee note says it does not cover statements made alongside the offer ³.

Regulators: neither admit nor deny

Regulators often settle without admissions. The SEC says it still does not, as a rule, require settling defendants to admit allegations, and it can negotiate for admissions ⁴.

Until May 2026, Rule 202.5(e) of the SEC's informal procedure rules meant the Commission would settle only if the defendant agreed not to publicly deny the allegations. The SEC rescinded it on 18 May 2026 ⁴. Paragraph (e) of 17 CFR 202.5 now reads reserved ⁵.

The SEC says it will not enforce no-deny provisions already entered, and will not ask a court to reopen a settlement over a breach of one ⁴. The rule says a person who consents to a judgment or order does so solely to resolve the claims ⁵.

State apologies with a disclaimer

Governments use the same idea. Public Law 103-150 of 23 November 1993 apologised to Native Hawaiians on behalf of the people of the United States ⁶. Section 3 says nothing in the joint resolution is intended to serve as a settlement of any claims against the United States ⁶.

Health care apologies under the duty of candour

Candour laws say an apology given under them is not an admission. Scotland's 2016 health and care Act says an apology or other step under the candour procedure does not of itself amount to an admission of negligence or a breach of a statutory duty ⁷.

Welsh guidance says the same for its duty, citing regulation 13. It adds that an apology should not be delayed over fears of implied blame ⁸.

The Apologies (Scotland) Act 2016 sets a wider rule. An apology is not admissible as evidence of anything relevant to liability in most civil proceedings ⁹.