Emma Toner

Year of Call 2009

"Emma is an excellent advocate. She is great with clients and has an exceptional knowledge of the law." "She cuts right to the heart of key issues." 

- Chambers UK 2023

"A persuasive advocate who represents her clients with compassion and strength." - Legal 500 UK 2020

Emma's principal areas of practice are regulatory crime and Fatal Accident Inquiries. She is ranked Band 1 in Health and Safety in Chambers UK 2023.

She has extensive experience of cases brought under the Health and Safety at Work Act 1974 and the Road Traffic Act 1988. She is regularly instructed in the High Court of Justiciary and Sheriff Courts across Scotland, both as sole Counsel and as Junior Counsel to Senior. She has conducted a wide range of trials, under both statute and common law, including cases involving financial crime.

Emma has been instructed in numerous Fatal Accident Inquiries and in Public Inquiries under the Inquiries Act 2005 on behalf of companies, public bodies, professionals and private individuals. In 2018- 2019, she acted on behalf of the aircraft manufacturer in the Inquiry into the deaths at the Clutha Bar, Glasgow. In 2020, she acted on behalf of the aircraft manufacturer in the Inquiry into the deaths following the Superpuma ditching at Sumburgh in 2013. She is presently instructed in the Scottish Hospitals Public Inquiry on behalf of Greater Glasgow and Clyde Health Board. 

Emma is the Editor of Session Cases law reports.

Representative Cases

Fatal Accident Inquiries

FAI Death of James Stevenson (Fatal Accident Inquiry following explosion at groundworks site; instructed on behalf of JJL Groundworks Ltd) (2022)

FAI Death of Keith Johnson (Fatal Accident Inquiry into death of road worker struck by lorry; instructed on behalf of lorry driver) (2022)

FAI Cherry Sands (Fatal Accident Inquiry into death at sea; instructed on behalf of Maritime and Coastguard Agency) (2022)

FAI Death of LKF (Fatal Accident Inquiry into death of child following contact with NHS24; instructed on behalf of nurse on call) (2021)

FAI Death of John Smith (Fatal Accident Inquiry into death in custody; instructed on behalf of Sodexo, private operator of prison) (2021)

FAI Death of William Black (Fatal Accident Inquiry following accident at work; instructed on behalf of Aberdeen City Council) (2021)

FAI Sumburgh Helicopter crash (Fatal Accident Inquiry into deaths following offshore helicopter crash; instructed on behalf of aircraft manufacturer, Airbus Helicopters S.A.S) (2020)

FAI Death of Thomas Leiper (Fatal Accident Inquiry into death in custody; instructed on behalf of SERCO, private operator of prison) (2019)

FAI Clutha Bar, Glasgow (Fatal Accident Inquiry into multiple fatality helicopter crash at Clutha Bar, Glasgow in 2013; instructed on behalf of aircraft manufacturer, Airbus Helicopters Deutschland) (2019)

FAI Death of Michael Towell (Fatal Accident Inquiry into death of professional boxer involving issues of medical management and advice) (2018)

FAI Death of James Scott Miller/ Miller v Power and Dickinson Transport (Fatal Accident Inquiry involving issues of medical fitness to drive and interpretation of DVLA guidelines- instructed for next of kin of deceased/ associated action for damages arising from fatality) (2017 and 2019)

Craigton Cemetery Fatal Accident Inquiry (Fatal Accident Inquiry into death of child in Craigton Cemetery; instructed on behalf of Glasgow City Council) (2016- 2017)

FAI Death of Barbara Anderson (Fatal Accident Inquiry into death of wheelchair user in housefire; instructed for manufacturer of wheelchair component) (2016)

Glasgow Bin Lorry Fatal Accident Inquiry (instructed as Junior Counsel on behalf of next of kin of 3 deceased) (2015)

FAI Death of Marcel Daisley / Daisley v Groundworks Development Ltd (Fatal Accident Inquiry into death on construction site/ associated action for damages arising from fatality) (2014)

Rosepark Care Home Fatal Accident Inquiry (instructed on behalf of member of nursing staff) (2009- 2010)

 

Regulatory/ Health and Safety

HM Advocate v Icon Fabrications (prosecution under Health and Safety at Work Act 1974, s2 and 3) (2021)

HM Advocate v Phoenix Roofing (prosecution under Health and Safety at Work Act 1974, s2 and 3) (2020)

PF Glasgow v Cordia Services LLP (HSWA 1974 s2 prosecution; instructed on behalf of Cordia Services LLP) (2019)

PF Glasgow v Thermatic Scotland Ltd (HSWA 1974, s2 prosecution; instructed on behalf of Thermatic Scotland Ltd) (2019)

PF Airdrie v DW (s1A Road Traffic Act 1988 re causing serious injury by dangerous driving- acquitted after trial) (2017)

HMA v Glasgow City Council (Health and Safety at Work Act 1974, charges under sections 2 and 33; instructed on behalf of Glasgow City Council in prosecution arising from fatality) (2014)

HMA v JS (s1 Road Traffic Act 1988 re causing death by dangerous driving- convicted of causing death by careless driving under s2B after trial) (2014)

 

Reparation

Price v Veolia Water Outsourcing Ltd (fatal claim following death at work at waste water treatment site; instructed on behalf of Veolia) (2022)

Clark v KLM Airlines (personal injury action under Montreal Convention; instructed on behalf of airline) (2019)

Transvaginal Mesh litigation (Junior Counsel in Court of Session "class action" re product liability on behalf of multiple pursuers (2016- 2020)

PIP Breast Implant litigation (Junior Counsel in Court of Session "class action" re product liability on behalf of multiple pursuers) (2014- 2017)

Bysouth v Argyle and Bute Council (Junior Counsel in action for damages arising from fatality- suicide of child in care of Council)
(2012)

Contact Us

  • Compass Chambers
    Parliament House
    Edinburgh
    EH1 1RF