Locked-in syndrome sufferer to have ‘right-to-die’ case heard

A COURT case brought by locked-in syndrome sufferer Tony Nicklinson, who wants a doctor to be able to end his “intolerable” life lawfully, can go ahead following a judge’s ruling today.

The decision was announced at the High Court in London by Mr Justice Charles, who had been asked to decide on a preliminary “strike out” application in the case made by the Ministry of Justice.

He had heard argument that it was not for the courts to act, but Parliament.

Announcing his decision today the judge allowed most of Mr Nicklinson’s case to proceed - striking out one part of his claim.

Mr Nicklinson, 57, who is married with two grown-up daughters and lives in Melksham, Wiltshire, wants a doctor to be “lawfully” able to end his life, which he sums up as “dull, miserable, demeaning, undignified and intolerable”.

He launched a legal action seeking court declarations that a doctor could intervene to end his “indignity” and have a “common law defence of necessity” against any murder charge.

At a recent hearing, Paul Bowen, for Mr Nicklinson - who suffered a stroke in 2005 - said the Ministry of Justice had not advanced any arguments which were a sufficient “knock-out blow” to justify striking out the action.