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, Sheriff Court and Appeal Court, both as sole Counsel and as Junior Counsel to Senior, and 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 is presently instructed as Junior Counsel in relation to two major group actions currently  pending before the Court of Session, both of behalf of multiple pursuers, in relation to PIP breast implant cases and also in relation to the transvaginal mesh litigation. She has been instucted in numerous Fatal Accident Inquiries, involving a broad spectrum of issues, including the Rosepark Fatal Accident Inquiry, the longest Fatal Accident Inquiry ever to run in Scotland, in which she represented a nurse. She has an in-depth knowledge of the Fatal Accident Inquiry legislation and is adept at dealing with technical and procedural issues in both the preparation and presentation of all cases in which she is instructed.

Emma is qualified in international arbitration and is a member of the Chartered Institute of Arbitrators and the Faculty of Advocates Dispute Resolution Service. She 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.

In Re 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) (2017)

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)

In Re 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)

In Re 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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