tony nicklinson is a 58-year-old man who in 2005 suffered a severe stroke. he is very severely paralyzed. what that means is that he is unable to accept assistance to commit suicide himself. this is not a case about assisting a suicide. he is too severely paralyzed for that. he is seeking a declaration that if a doctor were to end his life and that doctor was then to be charged with murder, the doctor would have a defense to the charge of murder. the defense of necessity. this morning, he effectively won his case against the ministry of justice. they have said, such a declaration would change the law on murder and the only place where the law on murder could be changed is in parliament. the judge has disagreed with that this morning. he said mr. tony nicklinson has an arguable case and he is entitled to bring that case to court. what will happen now is there will be a hearing in to court, a full hearing, where medical evidence will be heard. it's possible and being explored at the moment whether tony nicklinson himself can take part in that hearing. at prese