Nicklinson's wife to appeal directly to Court of Appeal

Tony Nicklinson’s wife, Jane, has said she will appeal directly to the Court of Appeal after the High Court refused permission yesterday. On her twitter site, Jane added the comment “so all not over yet”.

Nicklinson (pictured), who suffered from locked-in syndrome, died from pneumonia after refusing food in August and his wife, Jane, had pledged to continue with her husband’s fight that a doctor should be able to lawfully end his life.

However, although the High Court judges expressed sympathy towards Jane, they said they “do not consider that the proposed appeal has any real prospect of success” and refused to make her party to the proceedings.

Giving the judgment, Lord Justice Toulson, said: “It is of course an important question whether the law of murder should be changed in the way that Tony fought for, but it does not follow that permission to appeal should therefore be granted. We consider it to be plainly a matter for parliament.

“We accept the submission that the boundary between the role of the court and the role of parliament in deciding such a question is itself a matter of constitutional significance, but again it does not follow that permission to appeal should be granted in circumstances where we can see no real prospect of any court being in doubt about it in the area with which we are concerned.”

Fellow locked-in syndrome sufferer ‘Martin’ was granted leave to appeal, regarding his challenge to the DPP’s assisted suicide guidelines, although, again, the High Court judges “do not consider that the appeal has any real prospect of success”.

Martin, who is unable to move and able to communicate only by moving his eyes, wants the guidelines changed so professionals would not face criminal and/or disciplinary action if they helped him end his life.

He was refused permission to appeal in respect of his challenge to the rules of the General Medical Council and the Solicitors Regulation Authority, which ‘Martin’ believes should be changed to allow doctors and solicitors to help someone commit suicide in the Dignitas clinic in Switzerland.