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Rutland father's High Court assisted dying legal challenge fails...but the fight goes on

By The Editor

19th Nov 2019 | Local News

Terminally-ill father-of-two Phil Newby has learned today (Tues) that his bid to challenge the blanket ban on assisted dying in the High Court has failed.

Forty-nine-year-old Mr Newby, who moved to Rutland from Stamford in 2007, was diagnosed with motor neurone disease when he was just 43. He is now unable to walk, use his hands or lower arms, but can still talk and his mental capacity is unchanged.

Mr Newby had asked the High Court to undertake a 'detailed examination of the evidence' to determine whether the current law is compatible with his human rights.

In response to the judgement handed down by the High Court today, he said: "This is not the result that I had hoped for, but it is the result that we had been preparing for. We will be fighting on!

"I'm told that High Court judges are always reluctant to deal with legal cases that have an ethical dimension and that our legal system is never eager to try new legal approaches.

"In broad-brush terms this is why the High Court does not wish to consider the evidence for-and-against assisted dying.

"Last year, when Noel Conway - a man with motor neurone disease - brought forward his case he had to take it up to the Court of Appeal just to get it heard.

"It looks like we're going to have to travel the same long road."

Mr Newby believes the higher courts - appeal and supreme - are more likely to see things his way.

But to enable him to continue his fight he needs to raise an additional £11,000...in a hurry.

"From today we have seven days to consider the judgement, develop our grounds for appeal and to make the submission.

"I have to protect myself from the government lawyers court costs (capped at £5,000) and raise additional funds to cover the appeal.

"So far, we have raised a very impressive £44,000.

"The fundraising target of £55,000 has now become a very serious goal, so that we can cover the costs of the appeal and future adverse costs for me."

Mr Newby is asking for supporters to spread the message about his case and 'see if there are like-minded people such as you who might help or if you can pass it out to wider groups in your own networks'.

"The current law is widely seen as bad. Changing it has the support of 90 percent of the public, so you are on firm ground when asking others," he explained.

Mr Newby says if the case fails 'there are next to no serious avenues left' other than waiting for a parliamentary decision which could take another 10 years.

"Despite losing this legal battle, we have not lost the war," he added.

To support Mr Newby's campaign and contribute to the appeal click on the red button below.

     

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