Emma Toner

Year of Call 2009

"Emma offers a fantastic service both to corporate clients and individuals alike. She had a broad range of knowledge and goes above and beyond to secure results for our clients." "She is highly experienced and her preparation and client care skills are excellent." - Chambers UK 2024

"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 

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 2024.

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 and has conducted a wide range of trials, under both statute and common law, including cases involving financial crime.

Emma has been instructed in many of the most significant Fatal Accident Inquiries and Public Inquiries in recent years and has appeared on behalf of companies, public bodies, professionals and private individuals. Her clients have included health boards, health care professionals, Police Scotland, local authorities, aircraft manufacturers, Maritime and Coastguard Agency, His Majesty's Inspectorate of Constabulary in Scotland and the Care Inspectorate. She is presently instructed in the Scottish Hospitals Public Inquiry and the UK and Scottish Covid Inquiries. 

Emma is the Editor of Session Cases law reports.

Representative Cases

Fatal Accident Inquiries

M9 FAI (Fatal Accident Inquiry into deaths at M9 in 2015; instructed on behalf of HM Inspectorate of Constabulary in Scotland) (2023)

FAI Death of Ann Drummond (Fatal Accident Inquiry into domestic homicide; instructed on behalf of Police Scotland) (2023)

FAI Death of Jessi MacLennan (Fatal Accident Inquiry into delayed diagnosis of tumour in infant; instructed on behalf of NHS Highland) (2023)

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

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 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)

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

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

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


Public Inquiries

Scottish Hospitals Inquiry (on behalf of Greater Glasgow Health Board, ongoing since 2020)

Scottish Covid Inquiry (on behalf of Care Inspectorate, ongoing since 2021)

UK Covid Inquiry (on behalf of Care Inspectorate, ongoing since 2023)


Regulatory/ Health and Safety

HM Advocate v Norbord Europe Ltd (4 week trial under Health and Safety at Work Act 1974, s2 and 3) (2022)

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)


Contact Us

  • Compass Chambers
    Parliament House
    EH1 1RF