Emma Toner

Year of Call 2009

"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 has extensive experience of cases brought under the Road Traffic Act 1988, Health and Safety at Work Act 1974, and Proceeds of Crime Act 2002. 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. She is ranked as a Leading Junior in the Legal 500 UK 2020 in the field of Regulatory and Health and Safety.

She has been instucted in numerous Fatal Accident Inquiries, involving a broad spectrum of issues. She has been instructed in Inquiries 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. She is currently instructed on behalf of the aircraft manufacturer in the Inquiry into the deaths following the Superpuma ditching at Sumburgh in 2013. She has an in-depth knowledge of the Fatal Accident Inquiry legislation and has delivered numerous seminars on the topic. She is adept at dealing with technical and procedural issues in both the preparation and presentation of all cases in which she is instructed.

Emma has been regularly instructed in reparation cases, including fatal claims. She is instructed as Junior counsel on behalf of multiple pursuers in the group litigation pending before the Court of Session in relation to the transvaginal mesh litigation.

Emma has delivered legal training to specialist inspectors within the Health and Safety Executive, both in Scotland and in England, and is involved as an examiner for the Health and Safety Executive legal assessment program. Emma provides legal advice to a group of newspapers in relation to media law issues including contempt of court and defamation. She is a member of the Chartered Institute of Arbitrators.

Emma is the Editor of Session Cases law reports.

Representative Cases

Regulatory/ Health and Safety

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)

Fatal Accident Inquiries

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

FAI Clutha Bar, Glasgow (Fatal Accident Inquiry into 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)

Reparation

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

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 or damages arising from fatality- suicide of child in care of Council)
(2012)

Contact Us

  • Compass Chambers
    Parliament House
    Edinburgh
    EH1 1RF