Year of Call 2003
QUOTES “She is extremely persuasive in court and is able to communicate very effectively with clients from all walks of life while doing so in a sensitive and empathetic manner." - CHAMBERS 2020
“An incredibly skilled advocate whose decisive manner inspires complete confidence. ’ - LEGAL 500 2020
Susan Duff specialises in regulatory crime and has particular expertise in health and safety, road traffic, environmental and financial crime prosecutions and in Fatal Accident Inquiries.
She appears in the High Court of Justiciary and Sheriff Courts throughout Scotland and in proceedings before the Traffic Commissioner and the Employment Tribunal in enforcement proceedings. She is highly experienced in conducting trials, adversarial evidential hearings and inquisitorial hearings such as fatal accident inquiries.
She is recommended in the Legal 500 in which she was described in 2015 as having “an encyclopaedic knowledge of health and safety law” and in Chambers UK Bar where she is ranked as Band 1 in Health and Safety. In 2018 she was described in Chambers as “a tenacious advocate and fearless in her approach” and “extremely impressive, vigorous and effective in her advocacy”.
Health and Safety cases
2019: HMA v Nazareth Care Charitable Trust
Representing Nazareth in health and safety prosecution in terms of section 3 of the HSWA 1974 in relation to the death of a resident in one of its care homes. The court was persuaded to treat Nazareth leniently because of its charitable status.
2018: HMA v Robert Purvis Plant Hire Limited
Representing RPPH in a health and safety prosecution in terms of section 2 of the HSWA in relation to the death of an employee. RPPH was acquitted after trial of causing the employee’s death.
2018: PF v Clackmannanshire Council
Representing the council in a health and safety prosecution in terms of section 2 of the HSWA where an employee was injured and suffered amputation. The court was persuaded to treat the council leniently because it was a public body.
2018: P Limited v Helen Diamond, HSE Inspector
Representing P in an appeal against an improvement notice served in relation to work on a construction site. The notice was withdrawn without the need for an appeal hearing.
2018: B Limited v HSE
Representing B in relation to its dispute of a fee for intervention arising out of an explosion where 2 employees were injured.
Fatal Accident Inquiries
2018: FAI Death of Kenneth Monk
Representing Serco Ltd in the inquiry into the death of a prisoner in Kilmarnock prison which is run by Serco.
2017: Snowman Rally and Jim Clark Rally Fatal Accident Inquiry
Representation of the stage commander of the stage of the JCR where the accident giving rise to the deaths of a number of spectators occurred.
2017: FAI Death of Rachel Cassels
Representing the Edinburgh Woollen Mill Limited, the employer.
2018: HMA v Muirhouse Landfill Limited
Representing Muirhouse in a prosecution in respect of the Pollution Prevention and Control (Scotland) Regulations and the Pollution Prevention and Control Act 1999 regarding a landfill site and its control of leachate levels
2017 PF v G
Representing G in relation to a prosecution for an alleged contravention of the Wildlife and Countryside Act 1981 in relation to the death of a hen harrier
2016 PF v M
Representing a company director in a prosecution brought in terms of t he Environmental Protection Act 1990 for contamination in a quarry.
2019: HMA V JP Currid
Representing JPC for his part in a banking fraudulent scheme.
2019: KK V Scottish Ministers
Representing KK in proceedings for civil recovery in terms of the Proceeds of Crime Act 2002
Road traffic cases
2019: HMA v A Zanre
Representing AZ in a prosecution in the High Court for a contravention of section 1 of the Road Traffic Act 1998
2019: HMA v C McCole
Representation of CM in a prosecution for a contravention of section 2B of the Road Traffic Act 1998
2019: HMA v Ronald Bridges
Representation of RB in a prosecution for a contravention of section 1 of the Road Traffic Act 1998
2016: K Burke v Procurator Fiscal
Representing KB in an appeal against sentence when he received a custodial sentence for causing serious injury by dangerous driving. Persuading the Sheriff Appeal Court to apply the Definitive Guidelines on Death by Driving to a case involving serious injury.
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