Court of Appeal grants permission to appeal in landmark right-to-die case

Court of Appeal grants permission to appeal in landmark right-to-die case. Paul Bowen QC, Rebecca Trowler QC and Caoilfhionn Gallagher acting.

Today the family of Tony Nicklinson have learned that they have won permission to continue his right-to-die test case. Tony Nicklinson suffered from locked-in syndrome and he wished to end his life with medical assistance. In July 2012 the Divisional Court ruled against Mr Nicklison in his application for judicial review, finding that although his case was "deeply moving and tragic" the current law did not breach the requirements of the Human Rights Act 1998 (in particular, Articles 8 and 14 ECHR). Shortly after the Divisional Court's ruling Mr Nicklinson died.

However the Court of Appeal has now granted permission to appeal. Lord Justice Elias has found that the appeal is "arguable and of real significance". He has also granted the application to substitute Mr Nicklinson's widow, Jane Nicklinson, as the appellant following her husband's death (CPR 19.2). A Protective Costs Order has also been made.

Doughty Street barrister Paul Bowen QC acts for the family, instructed by Saimo Chahal of Bindmans.

Rebecca Trowler QC and Caoilfhionn Gallagher are instructed by the British Humanist Association, which is applying to intervene in the appeal.

The Court of Appeal's decision to grant permission to appeal has been reported widely today, including in the Telegraph, Guardian and BBC.

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