The first prosecution is under new corporate manslaughter legislation is due to be heard, amid speculation regarding interpretation of the new laws.
Cotswold Geotechnical Holdings Ltd, of Gloucestershire, faces prosecution after the accidental death of a junior employee. If they plead not guilty the case will progress to a full hearing.
Steffan Groch, a partner at lawyers DWF, said he hopes to see "an exploration of what the terms "senior manager" and "falling far below" in the duty of care actually mean." However, even if the company pleads guilty, Groch says, "we will still get to learn something, such as how big the fines are likely to be."
The new Corporate Manslaughter and Corporate Homicide Act (2007) is intended to make it easier to prove the guilt of individuals within large companies. Previously it has been difficult to demonstrate responsibility when multiple layers of management are involved.
