Right-to-die appeal update
The late Mr Nicklinson suffered from ‘locked-in syndrome’ as a result of a severe stroke. The disability left Mr Nicklinson extremely disabled, to the extent that he could only communicate through blinking and needed constant care.
Mr Nicklinson’s condition was so severe that he was unable to end his own life without assistance from his devoted wife. Therefore, Mr Nicklinson brought his case to the High Court in August 2012 for his wife to be allowed to help him die without the risk of being prosecuted for murder.
Sadly, Mr Nicklinson lost his case at first instance following the High Court ruling on 16 August 2012. After the hearing Mr Nicklinson refused nutrition and medical treatment and died a week later.
Nevertheless, Mrs Nicklinson has been given permission to appeal and continue her husband’s battle to change the law on murder and assisted suicide. The case is based upon the argument that the current law is incompatible with the Article 8 rights of people who are severely disabled, like Mr Nicklinson. The Court of Appeal have also awarded Mrs Nicklinson with a protective costs order so if she loses she will not be liable for the legal costs of her opponent.
Should you wish to make a Will, an advance decision, or discuss any issues surrounding your future health and welfare, please do not hesitate to contact the Wills & Probate team at Blacks on 0113 207 0000
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