The Court of Appeal has handed down judgment dismissing the appeal of Paul Lamb and Jane Nicklinson but upholding the appeal (by a majority) of AM. Charles Foster and Ben Bradley from Outer Temple Chambers (OTC) were instructed by Barlow Robbins to intervene in both appeals on behalf of the Care Not Killing Alliance.
Lamb sought to expand the doctrine of necessity so as to provide a defence to anyone who, at his request, killed him.
Both he and Nicklinson (bringing an action in her own right and on behalf of the estate of her late husband) averred that the current state of law of murder is incompatible with their respective Article 8 European Convention rights. They sought an active change in the law to permit either active euthanasia or a medically assisted death within the UK jurisdiction.
The other claimant, AM, sought to extend the principle in the House of Lords decision of Purdy v DPP (in which Foster and Bradley were also involved) to require the DPP to further clarify his policy as to precisely when a prosecution under section 2 of the Suicide Act 1961 might be brought.
The Court of Appeal has granted each unsuccessful party permission to appeal to the Supreme Court.