Stephen Byers, the former transport secretary, will today be accused in the High Court of abusing the power of his office when he forced Railtrack into administration in October 2001.
Almost four years after the event, the four-week trial brought by almost 50,000 Railtrack private investors will get under way, with the shareholders' counsel, Keith Rowley QC, making his opening statements.
The case is being heard before Mr Justice Lindsay. He is already broadly familiar with the case, having ruled in April that the shareholders' action group had to raise fresh funds to cover the Government's costs should it lose.
Mr Rowley is expected to take two to three days to present the shareholders' case, which was built after forcing the Government to disclose 20,000 documents relating to its decision to pull the plug on Railtrack. The rest of the week is expected to be taken up by the Government's lawyer, Jonathan Sumption QC, presenting its defence.
The second week is likely to be dominated by the shareholders' witnesses. Mr Rowley intends to call four - Martin Minns, media and campaign adviser to Pam Warren and the Paddington Survivors Group; the then rail regulator Tom Winsor; Railtrack's then chairman John Robinson; and Dan Corry, Mr Byers' then special adviser.
Assuming cross-examinations last a full week, the third week will see the Government call its defence witnesses. Apart from the star turn, Mr Byers, the Government will also call Sir Richard Mottram, the then permanent secretary at the transport department; David Rowlands, the former director-general of railways who has since succeeded Sir Richard; and department legal adviser Judith Anne MacKenzie.
Summings up are expected to run into the fourth week, with the judge's verdict not expected until October.
Yesterday, a transport department spokesman said: "We don't believe we have a case to answer. It was the High Court, not ministers or the department, that declared Railtrack insolvent. Railtrack did not challenge the decision at the time or since. We will defend the case robustly."
