Susanne Tanner KC FCIArb

Criminal Law – Supreme Court

Lauchlan v HM Advocate; O’Neill v HM Advocate [2013] UKSC 36; [2013] 1 W.L.R. 1992; 2013 S.C. (U.K.S.C.) 266; 2013 S.L.T. 888
For the Crown (Respondents) as junior Counsel (with Dorothy Bain QC and Douglas Fairley QC). Two compatibility issues raised in High Court appeal from murder conviction. Part of Crown Counsel team which drafted Statement of Facts and Issues, reviewed authorities, drafted Written Submissions, prepared for and appeared at Hearing. 2 day hearing in Supreme Court. Two issues: (1) Starting point for the purposes of the “reasonable time” requirement in terms of Article 6; (2) Appearance of Judicial Bias Supreme Court. Successful for the Respondents in relation to both compatibility issues. Case remitted to HCJAC.  Lord Hope; Lord Hughes; Lord Kerr; Lord Wilson; Lord Toulson. click to view case

Criminal Law – High Court of Justiciary Appeal Court

Stewart and Convy v William Payne [2016] HCJAC 122; 2017 S.L.T. 159; 2017 S.C.L. 263; 2017 S.C.C.R. 56; 2016 G.W.D. 40-707

Bill for Criminal Letters (Private Prosecution Application).
Represented (with Dorothy Bain QC) the families of Laura Stewart and Mhairi Convy in relation to their application to privately prosecute the driver who killed their daughters when he blacked out at the wheel of his vehicle. Drafted Bill for Criminal Letters, prepared written submissions and appeared at substantive hearings.
click to view case

Various appellants v HM Advocate (sentence appeals) (2014-15)
Instructed via the Faculty Appeals Unit in sentence appeals on behalf of appellants.

Brown v HM Advocate (2014)
AD for the Crown – preparation for fresh evidence appeal, having conducted sexual offences trial in 2013

Irving and Walker v HM Advocate (2014)
AD for the Crown – Section 65 appeal. Lady Dorrian, Lord Drummond-Young (2014)

Shahid v HM Advocate (2011)
– for the Crown (with Dorothy Bain QC). “Fresh evidence“, s106(3)(a) – against conviction for murder (also conducted both trials as junior Counsel). LJG, Lord Reed, Lord Emslie (2011)
click to view case

HM Advocate v Simpson [2009] HCJAC 41; 2009 S.L.T. 513; 2009 S.C.L. 857; 2009 S.C.C.R. 554 (2009) – for the defence (with Mark Stewart QC). Appeal against sentence. Considered DuPlooy approach to sentence discounting. Lords Wheatley and Mackay of Drumadoon and Lady Cosgrove (2009).

Criminal Law – High Court Trials and substantive hearings

HMA v Pugh (2017)
AD for the Crown. Sexual offences trial. Historical abuse, rape and incest. Convicted unanimously of all charges after trial. (Edinburgh High Court, Lord Arthurson).

HMA v Jake Waldie (2017)
AD for the Crown. Sexual offences trial – s1 rape. Majority of witnesses and accused were children/vulnerable witnesses. (Edinburgh High Court)

HMA v Baxter, Kirton and Cameron (2017)
AD for the Crown. Armed robbery, multiple charges and RTA offences. Resolved by way of a plea by two accused at trial. (Edinburgh High Court, Lord Ericht)

HMA v Rehan (2016)
AD for the Crown. Sexual offences trial (3 complainers, all vulnerable witnesses). Could not start trial due to unresolvable witness and evidential problems. (Edinburgh High Court)

HMA v McLaren (2016)
AD for the Crown. Sexual offences trial – charge of rape. Evidential issues. Acquittal following defence ‘no case to answer’ submission. (Edinburgh High Court, Lady Rae)

HMA v Johnston (2016)
AD for the Crown. Trial (4 days) for assault with intent to rape a stranger in her own home. Accused found guilty after trial. (Edinburgh High Court, Lady Stacey) (2016)

HMA v Farrell, Kelly, Egan, Murphy and Don (2015)
For defence (5th accused). Historical sexual and physical abuse case relating to a boarding school run by the Christian brothers; multiple complainers and charges against 5 accused. Commission to take evidence from one complainer.

HMA v Glencross (2015)
AD for the Crown. Trial for attempted murder. (Aberdeen High Court, Lord Armstrong) (2015)

HMA v Mearns (2014)
AD for the Crown. Trial (9 days) and Evidence on Commission of a vulnerable witness (3 days). Rape/section 42 abuse of a position of trust and ancillary charges. (Edinburgh High Court, Lord Glennie)

HMA v Scougall (2014)
AD for the Crown. Trial (5 days). Two complainer rape/sexual offences/threats. Found guilty after trial. (Edinburgh High Court, Lady Wolffe)

HMA v Greer (2014)
AD for the Crown. Trial (20 days). 49 charge indictment: sexual offences (seven complainers), MDA, firearms. Edinburgh High Court (Lady Wise)

HMA v Hogg (2014)
AD for the Crown. Trial (5 days). Rape charges. (Edinburgh High Court, Temp Judge Johnston QC) (2014)

HMA v Keogh (2014)
AD for the Crown. Trial (9 days). Sexual abuse charges. Four child complainers. Evidence of child witnesses lead by CCTV link. Found guilty after trial (Edinburgh High Court; Lord Uist)

HMA v Joyce (2014)
AD for the Crown. Trial (4 days). Assault with intent to rape and SOSA offences. (Edinburgh High Court; Temp Judge Beckett QC)

HMA v Brown (2013)
AD for the Crown. Trial (4 days). Rape. (Aberdeen High Court; Lord Stewart)

HMA v Patterson and Reid (2013)
AD for the Crown. Trial (12 days). Co-accused murder trial with associated charges including MDA and attempt to pervert. Found guilty after trial. (Edinburgh High Court, Temp Judge Morris)

HMA v Meldrum (2013)
AD for the Crown. Trial (7 days). Rape, assault, abduction element in libel; Communications Act; Attempt to pervert; previous physical assaults. Found guilty of all charges after trial. (Edinburgh High Court, Lady Wise)

HMA v Meldrum (2013)
AD for the Crown. Evidential hearing (3 days) on Devolution Minute/objection to admissibility of evidence of statements at interview where police detained for abduction/assault while having suspicion of rape. Questioned about complainer’s consent to sexual matters. Also required appropriate adult due to psychiatric problems. Glasgow High Court (Temp Judge Ritchie QC).

HMA v Hillhouse (2013)
AD for the Crown. Trial (5 days). Rape while so intoxicated incapable of consenting defence of consent. Edinburgh High Court (Temp Judge Bowen QC)

HMA v McCardle (2013)
AD for the Crown. Trial (5 days). Rape (historic, multiple complainers (5), incest). Trial within trial about statements/certificates. Submission NCTA re charge 1 rape/incest not being corroborated by other matters due to time/circs. Repelled. Guilty verdicts in respect of all four complainers after trial. Livingston High Court (Lord Turnbull). Conviction upheld on appeal.

HMA v Kivlin (2013)
AD for the Crown. Trial (3 days). Rape (1 complainer); penetration not admitted; defence of consent to other consensual sexual contact; withdrawal of consent before SI Edinburgh High Court (Temp Judge O’Grady QC)

HMA v William Brown (2013)
AD for the Crown. Trial (4 days). Historical sexual offences. Indecent assault/sodomy 2 male complainers. Found guilty on both charges after trial. Glasgow High Court (Temp Judge O’Grady). Conviction upheld on appeal.

HMA v Singh (2012)
AD for the Crown. Trial (4 days). Sexual offences (2 complainers – Chg 1: assault with intent to rape; Chg 2: sexual assault). Found guilty of the assault with intent to rape after trial. Glasgow High Court (Temp Judge Morris)

HMA v Matthew Kerr (2012)
AD for the Crown. Trial (4 days). Attempted murder. Found guilty after trial. Glasgow High Court (Lord Boyd)

HMA v Thomas Boyle (2012)
AD for the Crown. Trial (7 days). Marital rape and domestic abuse (historical). Glasgow High Court (Tep Judge Murphy QC)

HMA v David Whyte (2012)
AD for the Crown. Trial (11 days). Attempted murder, 3 charges (3 complainers.) Found guilty after trial of all charges.  Glasgow High Court (Tep Judge O’Grady QC)

HMA v Cumming (2012)
AD for the Crown. Evidential hearing (1 day) in homicide case – psychiatric (Section 52M). Trial fixed at conclusion. Edinburgh High Court (Lord Woolman)

HMA v McCallum (2012)
AD for the Crown. Trial (2 days). Attempted murder. Edinburgh High Court (Lord Pentland)

HMA v Morris (2011)
AD for the Crown. Trial (3 days). Concerned in the supplying of drugs. Found guilty after trial. Upheld on appeal. Glasgow High Court (Temp Judge Dunlop QC)

HMA v Tominey (2011)
AD for the Crown. Trial. Attempted murder (3 complainers). Glasgow High Court (Temp Judge Ritchie QC)

HMA v Stewart and others (2011)
AD for the Crown. Evidential Hearing (3 days). – Legality of s14 detention; fruits of the poisoned tree; tholed assize. Trial fixed after hearing. Glasgow High Court (Temp Judge Rae)

HMA v Bryan Young (2011)
AD for the Crown. Trial (2 days). Abduction; assault. Glasgow High Court (Temp Judge Morris)

HMA v Samuel McBeth (2011)
AD for the Crown. Trial (3 days). Firearms; culpable and reckless conduct. Found guilty after trial. Glasgow High Court (Lord Uist)

HMA v Podgornoi and Jaokovlev (2010)
For the Crown (Junior with Bruce Erroch) – co-accused murder trial (Edinburgh High Court)
HM Advocate v Simpson
For the defence (with Mark Stewart QC). Appeal against sentence. Considered DuPlooy approach

HMA v Khalid Sarwar (2010)
For the Crown (Junior with Dorothy Bain QC) – complex high profile murder trial arising out of the death of Nasim Jamil. (Glasgow High Court)

HMA v Mark McDonald (2010)
For the Defence (Junior with Mark Stewart QC) – murder trial in which the accused’s mental state of mind at the time was in issue and conflicting psychiatric evidence was lead at trial. (Perth High Court)

HMA v Ronald and others (2010)
For the Crown (Junior with Simon Di Rollo QC) – lengthy and complex conspiracy to extort trial in relation to the Da Vinci painting ‘Madonna of the Yarnwinder’. (Edinburgh High Court, Lady Dorrian.)

HMA v McGlone and others (2009/10)
For the Defence (Junior with Jamie Gilchrist QC) – acting for one of co-accused in ‘Maybury Casino’ case – charges of conspiracy to murder – successfully argued on behalf of accused Kelbie a s72 Minute regarding inadmissibility of his voluntary statement – lengthy trial. Edinburgh High Court

HMA v Milligan and others (2009)
For the Defence (Junior) – acting for one of co-accused in murder trial – one co-accused plead at trial and Milligan was acquitted. (Glasgow High Court)

HMA v James Simpson (2008-9)
For the Defence (Junior with Mark Stewart QC) – murder trial (Glasgow High Court, 2008) – found guilty of culpable homicide as a result of defence of provocation. Also instructed for respondent in Crown appeal against sentence (2009)

HMA v James Wilson (2007)
For the defence – Sheriff and Jury trial (Airdrie Sheriff Court) for historic sexual offences

HMA v Zahid and Mohammed [2004]; HMA v Shahid and others [2006]
For the Crown (Junior with Mark Stewart QC) – two high profile co-accused murder trials (Glasgow High Court) arising out of the abduction and death of Kriss Donald in Glasgow. Also instructed by Crown in relation to Shahid’s appeal, Shahid v HMA (see above)

Acting as an ad hoc Procurator Fiscal depute (2000-2002)
(Edinburgh, Linlithgow, Livingston, Airdrie Sheriff / JP courts) in numerous summary matters

Criminal – significant cases resolved without a trial

HMA v Louis McLean (2012)
AD for the Crown. Misuse of Drugs Act charges. Prepared for 6 week trial, guilty plea on first day of trial. Edinburgh High Court (Lord Tyre)

HMA v Ellis (2011)
AD for the Crown. Murder (domestic). Allocated case. Plea of guilty. Edinburgh High Court (Lord Glennie)

HMA v Hetmanski (2011)
AD for the Crown. Murder (domestic). Allocated case. Plea of guilty. Edinburgh High Court (Lord Turnbull)

Lauchlan v HM Advocate; O’Neill v HM Advocate (Supreme Court) [2013] UKSC 36; [2013] 1 W.L.R. 1992; 2013 S.C. (U.K.S.C.) 266; 2013 S.L.T. 888 (2013)
Successful for the Crown (Respondents), (in Crown Counsel team as junior Counsel with Dorothy Bain QC and Douglas Fairley QC).

Two compatibility issues raised in High Court appeal from murder conviction. Drafted Statement of Facts and Issues, reviewed authorities, drafted Written Submissions, prepared for and appeared at two day hearing in Supreme Court. Two issues: (1) Starting point for the purposes of the “reasonable time” requirement in terms of Article 6; (2) Appearance of judicial bias. Successful for the Respondents in relation to both compatibility issues. Case remitted to HCJAC.  Lord Hope; Lord Hughes; Lord Kerr; Lord Wilson; Lord Toulson
click to view case

Scottish Child Abuse Inquiry (2016)
Appointed as junior Counsel on the Inquiry (as an “Appropriate Person”) to take evidence from individual applicants to the Inquiry, many of whom were vulnerable witnesses, in relation to their experiences of abuse whilst in care in Scotland. Continued until my appointment as a QC.
click to view case

Colin Marr Fatal Accident Enquiry (2011 FAI 20; 2011 G.W.D. 14-318)
For the Crown (with Ronnie Clancy QC). Issue was whether or not the death of Colin Marr had been caused accidentally or by a named individual; prepared draft scope of evidence. Dunfermline Sheriff Court (Sheriff Principal Alistair Dunlop QC)
click to view case

Convy and Stewart Fatal Accident Inquiry – opposed motion (2015)
Instructed on behalf of the families to seek the expenses of the FAI from COPFS. Glasgow Sheriff Court (Sheriff Normand).
click to view case

Property Law and Conveyancing – Proofs and Substantive Hearings

Raven Highlands Limited v various defenders (2010-11)
For the Defenders in a number of cases concerning breaches of missives in relation to properties in the Defenders’ development. Procedure roll hearing (Jan 2011) and PBA in April 2011 (discharged).

Iain Scott and anr v Thomas Jones and anr (2007-8)
Proof (four day) relating to a boundary dispute between neighbouring residential proprietors (Falkirk Sheriff Court). Successful on behalf of the Defenders.

Property Law and Conveyancing – Advice

Advice (2015)
Advice to commercial tenant regarding assignation of a leasehold interest in commercial premises / potential breach of missives.

Iain Scott and anr v Thomas Jones and anr (2007-8)
Falkirk Sheriff Court – successful on behalf of Defenders in a Proof (4 days) relating to a boundary dispute between neighbouring proprietors

Commercial Law – proofs / substantive hearings

Automatic Cooling Engineers Limited v Joseph Mitchell (Letham) Limited [17 Nov 2010 A6039/07] (2010)
Glasgow Sheriff Court Commercial Court (Sheriff Ross) – successful on behalf of Defenders in relation to defence of principal claim and counterclaim after a nine day Proof Before Answer – contractual dispute relating to supply and installation of an industrial freezer at the Defender’s business premises.

David Douglas v Glenvarigill Co Ltd and Volkswagen Group UK Ltd [2009] CSOH 17; 2009 S.C.L.R. 379; 2009 G.W.D. 6-108
Contract law / choice of law / Jurisdiction. Successful on behalf of Third Party car manufacturer at Court of Session Commercial Court procedure roll debate in relation to applicability of an England and Wales jurisdiction clause in a dealer agreement. Action for an allegedly defective vehicle. Successfully argued that Scottish courts had no jurisdiction to bring VW into an action as a third party. click to view case
Commented on in Motor Law, www.motorlaw.com, July/August 2009, Vol 11, no 10

Aaron Hamish Thomson v Bank of Scotland, 17 October 2007, Inverness Sheriff Court (Pyle)
Counsel for the Bank of Scotland (defenders) in the litigation in the Sheriff courts relating to bank charges.

Appeared in numerous opposed motions, including this hearing in respect of successfully opposed application for commission and diligence for recovery of documents from the defenders.

click to view case

Commercial Law – cases resolved without a hearing

Alex Hewitt v Glenvarigill Company Limited and The Governor and Company of the Bank of Scotland and ors
For the Pursuer – action arising out of supply of defective high performance vehicle – resolved before procedure roll hearing

Aaron Hamish Thomson v Bank of Scotland, 17 October 2007, Inverness Sheriff Court (Pyle)
Counsel for the Bank of Scotland (defenders) in the litigation in the Sheriff courts relating to bank charges.

Appeared in numerous opposed motions, including this hearing in respect of a successfully opposed application for commission and diligence for recovery of documents from the defenders.
click to view case

Wells v Scotia Gas and others (2015-ongoing)
For the Pursuer. Court of Session personal injuries action arising out an accident causing an electric shock. Common law and occupiers’ liability. Proof fixed for February 2018.
McMillan v Falkirk Council (2015-16)
For the Pursuer. Court of Session damages claim for psychiatric injury caused by occupational stress. Case settled prior to Proof.

Sanderson and ors v Lanarkshire Health Board (2016)
For the defender (with Geoff Mitchell QC). Fatal claims by relatives. Case settled pre-proof.

Marshall v Forth Valley Health Board (2015-16)
For the defender (leader). Fatal claims by relatives. Case settled pre-proof.

Waller and anr v Forth Valley Health Board (2015-16)
For the defender (leader). Fatal claims by relatives. Case settled pre-proof.

Malcolm Isdale v Glendevon Off Road Centre and NHS Trust (2010)
For the Third Party NHS Trust – allegations of medical negligence arising out of injuries sustained in an accident at an off-road driving centre – settled at pre-trial meeting.

McManus v Hay (2008)
For the Defenders (Junior, with Lesley Shand QC) – Court of Session action for traumatic brain injury as a result of a road traffic accident – case settled at pre-trial meeting

Convy and Stewart (2015-16)
Opinion on prospects of successfully judicially reviewing a COPFS decision not to prosecute. Ultimately lodged a Bill for Criminal Letters seeking authority for a private prosecution of the driver.