MND sufferer to appeal ruling on assisted dying

Law: Retired lecturer to keep fighting after High Court rules his case not arguable

A “truly selfless” motor neurone disease sufferer has vowed to continue his battle against the law on assisted dying.

Yesterday retired college lecturer Noel Conway was refused permission to bring a judicial review. Mr Conway, 67, from Shrewsbury, was diagnosed in November 2014 and is not expected to live beyond the next 12 months.

His lawyers told the High Court that when he had less than six months to live, and while he retained the mental capacity to make the decision, “he would wish to be able to enlist assistance to bring about a peaceful and dignified death”.

There is a blanket prohibition on providing a person with assistance to die.

Mr Conway was seeking a declaration that the Suicide Act 1961 is incompatible with Article 8, which relates to respect for private and family life, and Article 14, which protects from discrimination. But two out of three judges hearing his case in London ruled it was not arguable.

Mr Conway said later he will appeal the decision, adding: “I am going to die, and I have come to terms with this fact. But what I do not accept is being denied the ability to decide the timing and manner of my death.

Lord Justice Burnett – who, with Mr Justice Jay, refused permission, while Mr Justice Charles dissented – called Mr Conway’s stance “truly selfless”. He added: “My conclusion does nothing to diminish the deep sympathy I feel for Mr Conway, his family and others who are confronted with the reality of living and dying with incurable degenerative conditions such as motor neurone disease.”