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Terminally-ill Rutland father's UK legal battle is over...but the fight continues

By The Editor

30th Jan 2020 | Local News

The Court of Appeal has refused terminally-ill father-of-two Phil Newby permission for a judicial review to challenge the blanket ban on assisted dying.

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 learned last week that his application for permission to appeal against a High Court decision in November - denying his case for 'a 'detailed examination of the evidence' to determine whether the current law is compatible with his human rights - had been refused.

The Court of Appeal's decision is now the end of the court proceedings in the UK - but Mr Newby's fight continues.

Last Thursday, a large number of MPs spoke on the subject during a Parliamentary debate.

The majority took up the challenge that Mr Newby, and those who support him, have laid down by agreeing that Parliament should look at the evidence for and against assisted dying.

And Justice Minister Robert Buckland MP has also modified his position on assisted dying and is now 'actively considering' a call for parliamentary evidence.

Mr Newby said: "As one door seems to close, another bigger door may well be opening.

"This is an important moment and is one in which we have played a substantial part.

"Sadly, the legal case is now finished in the UK - though the possibility remains open to go to the European Court of Human Rights, which my lawyers are considering.

"My plan was always to give a chunk of this year to the court case.

"Now that it is over in the UK, the intention is to use the media and political platform that we have created to get politicians to conduct a proper review of the evidence.

"If they do, we will hope to be able to submit our nine box files of evidence to the process - to demonstrate that our current law is cruel and that an intelligently crafted assisted dying law is desperately needed and can address the concerns raised by its opponents.

"Thank you to everyone who has supported me for your financial assistance, your heartfelt messages and for your encouragement.

"You have been the tide that floated this boat."

Jamie Potter, Partner at Mr Newby's legal team Bindminds LLP, said: "This issue deserves full and proper scrutiny.

"If this can not be done in the court, it is welcome news that parliament is finally engaging in the process with a view to considering detailed evidence.

"There are many examples of assisted dying regimes around the world that should be properly reviewed to develop an appropriate scheme for the UK that avoids the cruelty and suffering the current regime inflicts."

Dignity in Dying, My Death My Decision and Fate supported Mr Newby's case.

Mr Newby's campaign continues and you can find out more by clicking on the red button below.

     

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