There is, however, no legal basis for their insistence. The High Court judge’s ruling was only an interim one.
When the case went to trial a second high court judge rejected the interim ruling. Maxwell duly appealed to the Court of Appeal.
Lord Denning found that the DTI inspectors had acted with “conspicuous fairness” and “had put to the plaintiff all the matters which appeared to call for an answer.”
Denning went further, saying it was “not necessary for the inspectors to put their tentative conclusions to the witnesses in order to give them an opportunity to refute them and... the inspectors had not given any undertaking to do so”.
In statutory public inquiries, post a change in the law made by the Inquiries Act of 2005, witnesses are sent a “Salmon letter” before they appear, setting out allegations made against them. They can then deal with those accusations when they give evidence.
The HBOS scrutiny did not fall into that category (and neither did Chilcot). So whatever appears is the result of comprehensive Maxwellisation.
It’s only out of British regard for fair play, a belief in natural justice, that those criticised have been allowed to see the evidence and suggest amendments.
Unfortunately, that sense of fairness and natural justice does not extend to the victims of the banking disaster, those who must pick up the tab for the appalling failings of others.
Cummings has paid the price — many bankers, his ex-colleagues at HBOS included, have not.