Shropshire Star

Terminally ill Shrewsbury man in new law change bid

A man who suffers from motor neurone disease was today launching an appeal in his bid to fight the law on assisted dying.

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Noel Conway

Retired college lecturer Noel Conway was refused permission to bring a judicial review on the issue last month.

Mr Conway, 67, from Shrewsbury, was diagnosed in November 2014 and is not expected to live beyond the next 12 months.

Today, his legal team was appealing the decision of the High Court. Mr Conway was not attending court himself, but representatives of Dignity in Dying and of Irwin Mitchell solicitors were in attendance.

Diginity in Dying spokesman Thomas Davies said: "The High Court denied Noel permission to bring the case on March 30. Noel and his legal team are appealing this decision.

"Mr Conway was diagnosed with amyotrophic lateral sclerosis, a form of motor neurone disease, in November 2014.

"His condition is incurable and he is not expected to live beyond the next 12 months.

"Noel feels that he is prevented from exercising his right to choice and control over his death under the current law.

"He fears that without a change in the law he may be forced to suffer against his wishes.

"Noel is bringing this case to fight for his right to have the option of an assisted death when he is in his final six months of life.

"Noel attended the High Court on March 21 to request permission to bring a legal case.

"On March 30, a decision was handed down denying permission for the case to proceed.

"Noel Conway's legal team appealed this decision and a hearing was taking place today."

Lord Justice Burnett who, with Mr Justice Jay, refused permission – while Mr Justice Charles dissented – described Mr Conway's stance as "truly selfless".

The proceedings came in the wake of an action brought by Tony Nicklinson, who suffered from paralysis after a stroke.

That was ultimately dismissed in 2014 by the Supreme Court, which said it was important that Parliament debated the issues before any decision was made by the courts.

Lord Justice Burnett said: "

Mr Conway's position in these proceedings is truly selfless because, as his counsel Mr Gordon recognises, even if the Supreme Court were to make – or uphold – a declaration of incompatibility assuming the swiftest progress of the litigation imaginable, the settled position of both government and official opposition is that any change in the law must await a Private Member's Bill which commands support in both Houses.

"All current indications are that such a bill would struggle to pass."

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