Last edited 31 Jul 2024

Ex gratia

Insurance Policyholder Taxation Manual, published by HM Revenue & Customs on 19 March 2016, defines ex gratia as: ‘without legal obligation.’

An ex gratia payment is a payment made by one party to another without the payer acknowledging any legal obligation to do so. This type of payment is typically made voluntarily and as a gesture of goodwill or to maintain good relations, rather than as a result of a contractual requirement or legal liability. Ex gratia payments are often made to address a dispute or issue without admitting fault or liability. They may also preserve a business relationship, smooth over a disagreement, or assist a party facing financial difficulty, without setting a legal precedent.

In practice, an ex gratia payment might be made in situations such as:

The payer does not accept any legal responsibility or obligation by making the payment. It is explicitly understood that the payment is made without any admission of liability. Even though the payment is voluntary, it is typically documented to ensure clarity and avoid misunderstandings. This can include a written statement confirming that the payment is ex gratia and does not constitute an admission of liability.

Ex gratia payments are often more cost-effective and less adversarial than more formal proceedings.

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