High Court judges announced that a sufferer of locked-in syndrome, known only as 'AM' or 'Martin', who lost his case at the High Court in August, has been given the go-ahead for his action against the Director of Public Prosecutions to be heard by appeal judges.
After suffering a massive stroke in August 2008, he is unable to speak, is virtually unable to move and describes his life as "undignified, distressing and intolerable" - he wants to be allowed a "dignified suicide".
His lawyers said the High Court ruling deprived 47-year-old Martin of "the opportunity to take the necessary steps to end his own life".
Debbie Purdy writes for ITV News on how Tony Nicklinson 'died of a broken heart'
Locked-in sufferer Tony Nicklinson has died peacefully at home this morning. Last week he lost his right-to-die High Court battle.