Charles Foster and Ben Bradley appear in euthanasia appeals
Charles Foster and Ben Bradley, instructed by Barlow Robbins, are currently intervening in the conjoined appeals of AM, Nicklinson and Paul Lamb, on behalf of the Care Not Killing Alliance. The case is being heard before the Lord Chief Justice, the Master of the Rolls and Elias LJ in the Court of Appeal. It has has attracted international media attention.
Paul Lamb seeks to expand the doctrine of necessity so as to provide a defence to anyone who, at his request, killed him. Both he, and Jane Nicklinson (bringing an action in her own right, and on behalf of the estate of her late husband) aver that the current state of law of murder is incompatible with their respective Article 8 European Convention rights. They seek an active change in the law to permit either active euthanasia or a medically assisted death within the UK jurisdiction.
The other claimant, ‘AM’, seeks 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 s.2 Suicide Act 1961 might be brought.
The case is listed for 4 days, commencing on 13th May 2013.
Barristers: Ben Bradley