Right-To-Die 'Three' In New Legal Challenge

Lawyers representing three men who have asked for the right to die are taking their cases to the Court of Appeal.

Paul Lamb, a man only named as Martin and the wife of locked-in syndrome sufferer Tony Nicklinson, who died last year, are attempting to change the law.

They want the courts to protect doctors and nurses who assist people who want to end their own lives.

Mr Lamb, 58, was paralysed from the neck down after a road accident and has only limited movement in his right hand.

Martin also has locked-in syndrome after he suffered a massive stroke in August 2008.

People with the syndrome are fully conscious but are usually unable to move or talk.

Tony Nicklinson, 58, died at home in Melksham, Wiltshire, in August, a week after he lost a High Court bid to end his life with a doctor's help.

His widow Jane vowed to continue the battle in the courts.

Her challenge against the High Court's ruling was due to be heard on Monday by the Lord Chief Justice Lord Judge, Master of the Rolls Lord Dyson and Lord Justice Elias at a hearing in London.

If the bid is successful, she and the others will be allowed to have their cases heard again in the High Court.

Mrs Nicklinson said on Sunday: "We are really excited that we are back in court and hopeful that we will win the appeal and have the case heard again.

"We are hoping that the judges will see that we didn't get a fair hearing last time and that we should get the case heard again. We feel that our case wasn't properly heard."

Mr Nicklinson, who was paralysed by a stroke while on a business trip to Athens in 2005, refused food and contracted pneumonia after he was "devastated" by the High Court's decision.

Mr Lamb was given the right to join the litigation to continue the battle started by Mr Nicklinson.

He wants a doctor to help him die in a dignified way, preferably by a lethal injection, with his family around him in his own home.

He says he feels worn out and fed up of going through the motions of life rather than living it.

The hearing is expected to last several days.

Mrs Nicklinson and Mr Lamb are both fighting the appeal by claiming that current laws breach their right to a private and family life under Article 8 of the Human Rights Act.

Mr Lamb is also seeking to enshrine a defence to a murder charge, already present in common law, of 'necessity', in the case of assisted suicides.

He is unable to speak and virtually unable to move, describing his life as "undignified, distressing and intolerable" - and wants to be allowed a "dignified suicide".

He said: "For the sake of everyone in this country who deserves the right to have a dignified death, I hope that we can make this happen."

Martin's case differs slightly from the others.

His lawyers will argue that there should be a change to the way those who assist suicides are prosecuted.

Currently, although it is legal to commit suicide, it is a serious criminal offence to assist someone to take their own life.

Doctors and solicitors who encourage or assist another person to commit suicide are "at real risk of prosecution", according to the courts.

Martin's lawyers Leigh Day said current Director of Public Prosecution (DPP) guidance makes it clear that friends or family members would be unlikely to be prosecuted.

"However, Martin's wife does not wish to be actively involved in the steps necessary to bring about his death," a spokesman for Leigh Day said.

"She understands why Martin may want to end his life but she does not want to be the person who makes the arrangements to bring it about.

"As she says this would leave her with too many painful memories; she does not want to feel responsible for his death.

"Martin therefore needs the assistance of a professional, most likely a doctor, nurse or a carer, to help him to die."