Today is the day by which Tony Nicklinson was required to lodge his application for permission to appeal the courts judgment. Jane Nicklinson has decided to pursue that appeal as the wife and carer of Tony Nicklinson. Also the British Humanist Association has applied to intervene in the case.
The basis of the claim and appeal is as follows:
(a) The claim it is proposed may now be brought by Jane Nicklinson is founded on a violation of her own rights under Article 8, following Koch v Germany.
(b) Second, the claim it is proposed to be brought on behalf of Mr. Nicklinson' estate is that now that he has died the immediate issue – securing a change in the law to allow a medical professional to assist him in ending his life – has fallen away. However, Mr. Nicklinson suffered greatly as a result of the law and, on his case, his common law and Convention rights have been violated. Prior to his death he was entitled to a remedy to vindicate his rights which gave rise to causes of action that have passed to his estate. These have a financial and a symbolic value which Mrs. Nicklinson is entitled to pursue on behalf of the estate.
(c) The importance of the issues raised by the case. This requires no further elaboration. Were this case being pursued in Strasbourg the death of a claimant is no bar to the application being considered where “the continued examination of the present application would contribute to elucidate, safeguard and develop the standards of protection under the Convention”: That is pre-eminently so in the present case.
(a) Permission to appeal
1. The Claimant seeks permission to appeal on the grounds (CPR 52) that (a) an appeal would have a real prospect of success and/ or (b) there are other compelling reasons why the appeal should be heard.
Saimo Chahal, Bindmans LLP said:
“Jane’s application to take Tony's place in the claim is a strong and compelling one. It is evident from recent polls that around 70% of the public consider that there should be a change in the law in this area. The case has very wide public significance which should be considered by the Court of Appeal and if necessary by the Supreme Court.”
Jane Nicklinson said: “I am delighted that I am able to continue what Tony started. I feel very stongly that this issue should be addressed. It is too late for Tony but I hope that we can now help those who find themselves in a similar position. Nobody should have to suffer like he did.”