Right-to-die campaigners lose legal battle

The court of appeal upheld a high court judgement in the case of the late Mr Nicklinson, ruling he did not have the right to ask a doctor to end his life.
His widow, Jane, said she planned to appeal to the supreme court.

Former builder and father-of-two Mr Lamb, 57, from Leeds, who wants a doctor to help him die in a dignified way, had won the right to join the litigation to continue the battle started by Mr Nicklinson.

Mr Nicklinson, 58, died at home in Melksham, Wiltshire, in August 2012, a week after he lost a high court bid to end his life with a doctor’s help.

The father-of-two, who was paralysed by a stroke while on a business trip to Athens in 2005, had refused food and contracted pneumonia after he was “devastated” by the decision.

During the appeal hearing the judges heard arguments that people who are too sick or disabled to end their “unbearable” lives without help are currently being condemned to “suffer in silence or make desperate attempts to kill themselves”.

Change to law ‘to kill himself’

Mr Lamb has said he wanted the law changed so he could kill himself with a doctor’s help.

Mr Lamb said: “I am absolutely gutted by the decision.

“I was hoping for a humane and dignified end. This judgment does not give me that.

“I will carry on the legal fight – this is not just about me but about many, many other people who are being denied the right to die a humane and dignified death just because the law is too scared to grapple with these issues.”

Saimo Chahal, the solicitor acting for Mrs Nicklinson and Mr Lamb, said: “It is inevitably disappointing for my clients that the court has decided against them.

“They are considering grounds of appeal to the supreme court.

“It is literally a life-and-death issue for Paul and there is no prospect of parliament adjudicating on the issue any time soon, so there is but one option open to Paul and that is to try and persuade the courts that his concerns are real and legitimate.

Clearer guidance on right-to-die

Lawyers for a third man welcomed a ruling in his case asking for clearer guidance from the Director of Public Prosecutions (DPP) for carers or health professionals assisting those wishing to end their own lives.

Martin, 48, who can not be identified for legal reasons, needs the assistance of a doctor, nurse or carer to help him die because his wife does not want to be actively involved in bringing about his death.

His lawyers say that current DPP guidance makes clear that friends or family members are unlikely to be prosecuted, but does not cover health professionals.

Speaking by means of special computer software, Martin said in response to the judgment: “I am delighted by the judgment today. It takes me one step closer to being able to decide how and when I end my life.

“I am only unable to take my own life because of my physical disabilities. Almost every aspect of my daily life is outside of my control.
I want, at least, to be able to control my death and this judgment goes some way to allow me to do this.”