Emma Toner

Year of Call 2009        

Emma's principal areas of practice are regulatory crime, fatal accident inquiries and reparation. 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 also regularly instructed in personal injury actions, for both pursuers and defenders. She has been instucted in numerous Fatal Accident Inquiries, involving a broad spectrum of issues, and is currently instructed on behalf of the aircraft manufacturer in the Inquiry into the deaths at the Clutha Bar, Glasgow. 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 regularly 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.

In 2016, Emma was appointed as Deputy Editor of Session Cases.

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

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)

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 (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 cemetery; instructed on behalf of Glasgow City Council) (2016- 2017)

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

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

HMA v Andrew Coulter & Others (instructed as defence Junior Counsel in application brought by Crown under the Double Jeopardy (Scotland) Act 2011 in relation to the proceedings which gave rise to the Chokkar Inquiry (2014)

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)

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)

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

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

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