Jane Nicklinson And Others Lose Latest Right-To-Die Legal Battle

Campaigners have lost their appeal at the UK’s highest court over the right to die but say they are hopeful that change will come.

Justices ruled against Paul Lamb and Jane Nicklinson by seven to two.

A third man, Martin, lost his attempt to have the current prosecution guidance on assisted suicide clarified.

But five justices concluded the Supreme Court had the “constitutional authority” to declare the current law breaches the right to a private life.

The cases involve the family of the late Tony Nicklinson, of Wiltshire, who had locked-in syndrome, and Paul Lamb, of Leeds, who was paralysed in a road crash.

They wanted the law changed to allow doctors to assist patients to die.

Nine justices had to decide whether a prohibition on assisted suicide was compatible with the right to respect for private and family life under the European Convention on Human Rights.

Five concluded the court had the “constitutional authority” to make a declaration, and two of the five said they would have done so.

‘Positive step’

Mr Lamb and Mrs Nicklinson, the wife of Tony Nicklinson, said the conclusions were a “positive” step in the fight for change.

“I am very proud of myself,” said Mr Lamb, 58. “I know it is going to change.”

Mrs Nicklinson, from Wiltshire, whose husband Tony died aged 58 last year, added: “I am disappointed that we lost. But it is a very positive step. Parliament will have to discuss this. I think Tony would be very pleased at how far we have come.”

Commenting on the ruling, Andrea Williams of Christian Concern, said: “This is good news for the many vulnerable people who would have been at risk if the attempt to weaken the law on euthanasia and assisted suicide had been allowed by the Supreme Court.

“The murder law is there to set the highest priority on the importance and value of life and to protect it.”

A third man, known only as Martin, was seeking clarification of the Director of Public Prosecutions’s (DPP’s) guidance on the position of health professionals who assist a suicide.

Martin wants it to be lawful for a doctor or nurse to help him travel abroad to die with the help of a suicide organisation in Switzerland. His wife and other family want no involvement in his suicide.

The Supreme Court unanimously allowed the DPP’s appeal against the Court of Appeal’s ruling in Martin’s favour.

Legal battle

Mr Lamb has been almost completely paralysed from the neck down since a car accident more than 20 years ago and says he is in constant pain.

He has called for the law to be changed so any doctor who helped him die would have a defence against the charge of murder.

Tony Nicklinson was paralysed from the neck down after suffering a stroke while on a business trip to Athens in 2005.

After losing his High Court battle last year, he refused food and died naturally, aged 58, a week later at his home in Wiltshire. His widow, Jane, is continuing his legal battle.