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Judge: Right-To-Die Case Can Go Ahead

A paralysed man who wants a doctor to help him die has won the right to have his case heard at the High Court.

Tony Nicklinson can only communicate by blinking his eyes and describes his life as "undignified and intolerable."

He is incapable of taking his own life and argued that a doctor should be able to intervene without fear of prosecution for murder.

The case is significant because it effectively requires a defence of mercy killing.

The judge, Mr Justice Charles, rejected an application from the Ministry of Justice ( MoJ )that the case should be struck out because it could result in a change to the law - and only Parliament should do that.

He said it was an "exceptional case" and that it could be heard at the High Court in the coming weeks.

Mr Nicklinson welcomed the decision.

He said: "This is good news indeed. I am delighted that we can now move on to discuss the pertinent issues properly in a dispassionate court of law."

The judge allowed the case to proceed on two grounds.

He said Mr Nicklinson's lawyers could argue that a doctor should be allowed to kill him on the grounds of necessity - in other words that Mr Nicklinson's situation is so desperate a doctor could break the law to intervene.

He also said lawyers should be allowed to argue that the current law of murder and assisted suicide is incompatible with Mr Nicklinson's right to a private life under the Human Rights Act because it criminalises voluntary active euthanasia.

Mr Nicklinson's solicitor, Saimo Chahal, said: "This is a very good result for Tony. It would be completely wrong if the arguments on Tony's behalf could not be fully argued on the grounds that we should wait for Parliament to change the law.

"The court has an active case before it and is fully able to examine the details in depth and to reach a decision having heard all of the facts, evidence and legal arguments."