Lawyers for ‘right-to-die’ man win court ruling
They successfully urged two judges in London to grant them a declaration which will protect them and third parties, including doctors, during preparations for a “landmark” judicial review action brought by a man in his 40s with “locked-in syndrome”.
Making the order, Lord Justice Toulson, sitting with Mr Justice Charles, described it as a “tragic” and “exceptional” case which raised “thorny legal and ethical issues”.
The claimant, who cannot be named but was referred to as Martin in court, suffered a “massive” stroke three years ago at the age of 43, and describes his life as “undignified and intolerable”.
He is unable to move, is able to communicate only by moving his eyes, requires constant care, and is entirely dependent on others for every aspect of his life.
When his judicial review application is eventually aired at the High Court, Martin will challenge the DPP policy on assisted suicide, which he argues is insufficiently clear and fails to have regard to someone in his position.
The judges granted a declaration for the “broad purpose” of “stating that the solicitors may obtain information from third parties and from appropriate experts for the purpose of placing material before the court and that third parties may co-operate in so doing without the people involved acting in any way unlawfully”.
Part of the order means that law firm Leigh Day & Co can communicate with assisted suicide group Dignitas for information and also take steps to “identify one or more people or bodies that might be willing to assist Martin”.
Lord Justice Toulson said Martin has a “strong” wish to end his life and if he is unable to travel to Dignitas in Switzerland he has resolved to starve himself instead. The judge said it “seems plain” from the DPP’s statement of policy that his wife would not be at risk of prosecution.
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