‘Right to die’ motor neurone disease sufferer can continue fight for choice, court declares

TOP JUDGES have ruled that a man who is terminally ill with motor neurone disease can continue his “fight for choice at the end of life”.

Retired college lecturer Noel Conway went to the Court of Appeal after he was refused permission to bring a judicial review over the law on assisted dying.

Mr Conway, 67, from Shrewsbury, was diagnosed with the disease in November 2014 and is not expected to live beyond 12 months.

His lawyers say that when he has less than six months to live and retains the mental capacity to make the decision, “he would wish to be able to enlist assistance to bring about a peaceful and dignified death”.

He wants 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.

On Wednesday in London, Lord Justice McFarlane and Lord Justice Beatson sent the case back to the High Court to determine.

Mr Conway, who is supported by Dignity in Dying, said: “I am delighted that my case will now proceed to the next stage.

“Clearly the Court of Appeal has agreed that this is an issue deserving full and proper consideration and I look forward to a full hearing at the High Court.”

He added: “I know I am going to die anyway, but how and when should be up to me.”

The case follows that brought by Tony Nicklinson, of Wiltshire, who suffered from paralysis after a stroke. Mr Conway’s case differs in that he has a terminal illness and his legal team is setting out strict criteria and clear potential safeguards to protect the vulnerable.

The Nicklinson case was ultimately dismissed in 2014 by the Supreme Court, which said it was important that Parliament debated the issues before any decision was made by the courts.