A terminally ill motor neurone disease sufferer who wants to die a “peaceful and dignified death” will go to the UK’s highest court in a bid to change the law on assisted dying.
Noel Conway vowed to continue his legal fight after losing a Court of Appeal challenge in June and a panel of three justices will decide on Thursday whether he can appeal to the Supreme Court.
The 68-year-old retired lecturer from Shrewsbury says that being forced to choose between “unacceptable options” to end his life is “barbaric”.
He wants help to die – which the law prevents – when he has less than six months left to live, still has the mental capacity to make the decision and has made a “voluntary, clear, settled and informed” decision.
During a hearing in May he proposed that he could only receive assistance to die if a High Court judge determined that he met all three of those criteria.
Challenging an earlier High Court rejection of his case, his lawyers argued the “blanket ban” on assisted dying was an unjustified interference with his human rights.
But his appeal was rejected by three senior judges.
Announcing the decision, Master of the Rolls Sir Terence Etherton said the court concluded it is not as well placed as Parliament to determine the “necessity and proportionality of a blanket ban”.
In a statement after the ruling, he said: “I am naturally disappointed by today’s judgment, though it was not unexpected.
“I fully intend to appeal it with the support of my legal team.”
He added: “I will keep fighting for myself and all terminally ill people who want the right to die peacefully, with dignity and on our own terms.
“I want to thank my family, friends and members of the public who have shown such overwhelming support and who continue to spur me on in this fight.”
He cites his current options as to “effectively suffocate” by choosing to remove his ventilator or spend thousands travelling to Switzerland to end his life and have his family risk prosecution.
Lady Hale, Lord Reed and Lord Kerr will decide whether Mr Conway should be given permission for an appeal to the Supreme Court.
A statement on the court’s website said it is “aware of the urgency of the matter”.
If Mr Conway is granted permission, a date will be set for a full hearing, but if he is refused an appeal his case will come to an end.
Mr Conway, who is supported by the campaign group Dignity in Dying, is too unwell to travel to London for the Supreme Court hearing.
He is now dependent on a ventilator for up to 23 hours a day and only has movement in his right hand, head and neck.