Privy Council: Las Alturas CoE treated Calder Hart unfairly

In a landmark decision, the Privy Council has upheld a 2023 Court of Appeal ruling in favor of Calder Hart, former chairman of Udecott, affirming that he was denied natural justice during the 2016 Las Alturas commission of enquiry (CoE). The commission had blamed Hart for the collapse of the Morvant housing project, but the Privy Council, led by Lord Clark and supported by Lords Sales, Leggatt, Lady Rose, and Lady Simler, ruled on October 30 that the commission breached Hart’s right to procedural fairness by publishing adverse findings without allowing him to respond. The judges emphasized that natural justice requires individuals to be given the opportunity to defend themselves against criticism, a principle that was violated in Hart’s case. The commission’s findings, which held Hart personally accountable for the project’s failure, were quashed, as they were deemed to have been arrived at in breach of natural justice. The Las Alturas project, plagued by landslides and structural failures, resulted in significant public losses and the demolition of two apartment buildings. The Privy Council’s ruling underscores the importance of fairness in judicial processes, regardless of an individual’s participation in an inquiry. The commission’s appeal, arguing that Hart had declined to participate and that fairness did not require prior notice, was dismissed. The Privy Council also rejected the commission’s claim that extending the inquiry to allow Hart to respond would have been inappropriate, stating that the seriousness of the findings demanded prior warning. This ruling reaffirms the fundamental principle that no one should be condemned unheard.