High court rules that lawyers for stroke victim who wants to end life will be safe from prosecution or disciplinary action
Lawyers for a stroke victim who wants help to end his life can continue to act on his behalf without fear of prosecution or disciplinary action following a high 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 with a condition known as locked-in syndrome.
In his ruling on Friday, 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 major 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 director of public prosecution's policy on assisted dying, which he argues is insufficiently clear and fails to consider to someone in his position.
He is not requesting a change in the law, but is asking that the DPP amend current guidance so that professionals would not face criminal or disciplinary action if they helped him end his life.
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 the law firm Leigh Day & Co can communicate with the Swiss assisted dying clinic Dignitas for information about its services and also take steps to "identify one or more people or bodies that might be willing to assist Martin".
Toulson said Martin lived at home in a specially adapted room and spent virtually all of his time in bed. He is looked after by his wife and a team of full-time carers.
Martin has a "strong" and "constant" wish to end his life, but is unable to take the necessary steps "unless others take them for him", Toulson said.
The judge said it seemed plain from the DPP's statement of policy that his wife would not be at risk of prosecution.
Although she "would wish to be with him to the end if steps are taken to terminate his life", she "does not wish to play any part in hastening his death".
No other family member is willing to help him end his life.
Martin had "turned to solicitors to see whether there are lawful means by which he may achieve his wish".
Toulson said the solicitors had made the application for the protection of themselves and others they intend to approach, but "ultimately for the protection of Martin so he can obtain the advice and information he needs to have his application properly presented".
