R (Nicklinson) v Ministry of Justice was a 2014 judgment by the Supreme Court of the United Kingdom that considered the question of the right to die in English law.

As such Nicklinson applied to the High Court for a declaration that either:[2] The second appeal in this case related to an individual using the pseudonym Martin who had suffered a brainstem stroke in 2008.

[3] Martin wished to end his life by travelling to the Dignitas clinic in Switzerland and sought an order for the Director of Public Prosecutions (DPP) to amend her 2010 'Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide'[4] so that carers and other responsible individuals who are not family members will not be prosecuted for assisting in Martin's suicide.

The court held that the DPP's guidance was not sufficiently clear in respect of people who had no close relationship with the victim.

A majority of five justices (Neuberger, Hale, Mance, Kerr, Wilson) held that the court does have the constitutional authority to make a declaration of incompatibility as regards the general prohibition of assisted suicide.

It arises from the discretionary character of the Director’s decision, the variety of relevant factors, and the need to vary the weight to be attached to them according to the circumstances of each individual case.

In December 2014 Tony Nicklinson's wife, Jane, applied to bring a case before the European Court of Human Rights.

Further, it would be odd to deny domestic courts charged with examining the compatibility of primary legislation with the Convention the possibility of concluding, like this Court, that Parliament is best placed to take a decision on the issue in question in light of the sensitive issues, notably ethical, philosophical and social, which arise.As such Nicklinson's application was "manifestly ill-founded" and therefore declared inadmissible.