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Lord Toulson Passes Away Aged 70

Former Supreme Court Justice Lord Toulson has passed away at the age of 70.

Toulson was only a Justice of the Supreme Court for around 3 and a half years but had a long and accomplished career in the legal profession.

Starting life as a barrister, he went on to become a Queen’s Counsel and later a distinguished judge. From 2002 to 2006 he was Chairman of the Law Commission.

Perhaps the most important case that Toulson gave judgment on was in the High Court case concerning Tony Nicklinson and assisted suicide. Here he stated:

“Tony’s and Martin’s circumstances are deeply moving. Their desire to have control over the ending of their lives demands the most careful and sympathetic consideration, but there are also other important issues to consider. A decision to allow their claims would have consequences far beyond the present cases… It is not for the court to decide whether the law about assisted dying should be changed and, if so, what safeguards should be put in place. Under our system of government these are matters for Parliament to decide, representing society as a whole, after Parliamentary scrutiny, and not for the court on the facts of an individual case or cases.”

I would also direct readers to an important case last year, Patel v Mirza, that concerned illegality and contract law. Lord Toulson gave the lead judgment which took into account a range of factors including public policy arguments and proportionality in the law.

From a personal point of view I will always remember the valedictory remarks in relation to Lord Toulson that were especially touching and a wonderful sign of respect for a great legal mind: