Right-to-life case goes to Europe

Leslie Burke won the original case

A man with a brain illness who wants to prevent doctors withdrawing nutrition when his condition worsens, is going to the European Court of Human Rights.

Les Burke, 45, had a landmark High Court ruling, preventing doctors withdrawing food and drink when he cannot speak, overturned last year.

The Court of Appeal upheld an appeal by the General Medical Council and he was refused leave to appeal to the Lords.

Mr Burke, from Lancaster, lodges his case in Europe next week.

"I feel really that it's one-all at the moment and we need the European Court to decide," Mr Burke told the BBC.

Public interest

His solicitor Muiris Lyons, from Alexander Harris, said: "We were very surprised that the Lords said the case did not have a significant public interest."

Mr Burke is challenging GMC guidelines that would permit doctors to withdraw food and hydration as his condition, cerebella ataxia, deteriorates.

Mr Burke could be left paralysed and unable to speak but with his mental faculties unimpaired.

Mr Lyons said this would be a denial of his client's human rights.

The GMC maintains doctors would be put in an impossible position if Mr Burke were to win his case.

The Department of Health has said that if the original ruling were upheld, patients would be allowed to demand other treatments, which would have serious implications for the NHS.