Melksham man's fight for end-of-life-ruling back in High Court
10:01am Wednesday 8th February 2012 in News
Tony Nicklinson
Lawyers for a severely disabled man from Melksham who wants a judge to allow a doctor to "lawfully" end his life, will argue in the High Court why his action should not be "struck out".
Mr Justice Charles, sitting in London, heard submissions at a recent hearing on behalf of the Ministry of Justice that it was not for the courts to act, but Parliament.
The proceedings were adjourned until today (Wednesday), when lawyers for 57-year-old Tony Nicklinson will put their side to the judge against striking out - an order which would bring the case to an end.
In the action they are seeking court declarations that a doctor could intervene to end Mr Nicklinson's "indignity" and have a "common law defence of necessity" against any murder charge.
Mr Nicklinson, who is married with two grown-up daughters, had a stroke in 2005 and was left with "locked-in syndrome".
But, at a preliminary hearing recently, David Perry QC, representing the Ministry of Justice, asked the judge to strike out the action, saying there were "compelling reasons why the court should not intervene".
Mr Perry said Mr Nicklinson "is saying the court should positively authorise and permit as lawful the deliberate taking of his life".
He added: "That is not, and cannot be, the law of England and Wales unless Parliament were to say otherwise. No matter how tragic the circumstances or situation, it was not a reason for "distorting the settled law."
It could only be Parliament "who could properly put into place a system with appropriate safeguards and conditions, not the courts taking this on a case by case basis".
Mr Nicklinson communicates through the use of a perspex board or by using his Eye-Blink computer and sums up his life as "dull, miserable, demeaning, undignified and intolerable".
He is seeking declarations that it is lawful for a doctor to terminate his life, with his consent and with him making the decision with full mental capacity.
