*/
Job title: Silk, Doughty Street Chambers
Doughty Street Chambers is a human rights and civil liberties practice with a national and international profile in criminal, civil, administrative, public and international law.
You represented Tony Nicklinson – who suffered ‘locked-in’ syndrome - in his landmark case challenging the law on assisted dying. How did you become involved in that case?
Tony’s case is a progression of the work I have done throughout my career around autonomy and choice. I have a public law and human rights practice which emphasises, among others, the rights of persons with disabilities. Autonomy links the right to make end of life decisions with, for example, the right of disabled persons to live independently in the community, and both are features of my practice. I represented Debbie Purdy in her successful appeal to the House of Lords which resulted in the DPP issuing his guidelines on prosecution in assisted suicide cases. The solicitor in Debbie Purdy’s case, Saimo Chahal, and I have worked together for many years so it was a natural fit for us to do so again for Tony and his family, who are carrying on the case now Tony has died.
Who ‘owns’ an individual’s body?
We should have the right to choose what is done to our bodies. The difficulty arises when what we ask is that someone else assists us in ending our lives. The law which criminalised suicide was only abolished in 1961 and many still fear that if assistance in suicide or euthanasia was legalised it would diminish the importance that, as a society, we place upon life. This might put older and disabled people under pressure to end their lives in order not to be a ‘burden’ to their families and encourage unscrupulous individuals to ‘assist’ a vulnerable relative to end their life for financial reasons. Another fear is that to relax the laws on assisted dying will undermine the trust between doctors and their patients. These are all rational fears, but they are not borne out by the evidence. In those countries where assisted suicide or euthanasia is lawful and suitable protective mechanisms are in place (the Benelux countries and the US states of Washington and Oregon) there is no evidence that vulnerable people are at greater risk. It tends to be better-educated – and usually better-off – individuals who make the choice to end their lives. The trust placed by patients in their doctors is not undermined: in the Netherlands, doctors enjoy approval ratings that exceed those of their counterparts in the UK. And euthanasia already takes place on a significant scale here, but it is underground and unregulated - and therefore unsafe. So I see no justification for forcing those suffering from conditions which make their lives unbearable, and for which there is no prospect of relief by any other lawful means, to remain in that state until carried off by a ‘natural death’. The challenge is to persuade the courts that – if Parliament continues to ignore it - this is an issue that only they can remedy.
What have been some of the highlights in your career?
Cases that have gone on to set a precedent like Debbie Purdy’s are the main highlights, and there have been a number of those. My work on behalf of people with mental disorders led to landmark judgments here and in Europe and significant legislative changes. And I have been involved in several leading cases involving those who die in custody and the rights of their loved ones. But sometimes the cases that mean the most are the small ones that nevertheless make a real difference to someone’s life. Debbie Purdy’s case of course meant an awful lot to her, and many others. But I will always treasure one early victory in a discrimination claim for a young woman with learning disabilities who was barred from a pub because she was ‘putting off the customers’. I still have the thank-you note she sent me afterwards. It is just as important – because it is so prevalent - to combat small-scale, thoughtless injustice as it is the large-scale and the malicious, which is thankfully much rarer.
To what do you credit your success?
Doing something I love, with a lot of freedom, a bit of showmanship and a sense of occasionally making a difference - and a very supportive wife who sustained us financially during several lean years. My parents instilled a strong public service ethic, but with a non-conformist and critical edge. Volunteering at Brixton Law Centre after University showed me that I could make a difference to people’s lives. And finding a home among like-minded colleagues at Doughty Street has been crucial.
Where do you see yourself in ten years?
My immediate ambition is to be involved in shaping the law in my core areas of mental health and capacity law, police actions and deaths in custody, equality law and health law, with an eye to the future in other areas such as appellate and public law crime, national security and international law. But I am very worried about the impact of Government legal aid reforms on access to justice for vulnerable people and the future viability of the publicly funded legal profession. So if in ten years I can still represent those clients, I have a healthy practice and some kind of work life balance, with time to spend with my family and do the other things that I love – that would suit me fine.
Paul Bowen QC was interviewed by Guy Hewetson of Hewetson Shah.
Who ‘owns’ an individual’s body?
We should have the right to choose what is done to our bodies. The difficulty arises when what we ask is that someone else assists us in ending our lives. The law which criminalised suicide was only abolished in 1961 and many still fear that if assistance in suicide or euthanasia was legalised it would diminish the importance that, as a society, we place upon life. This might put older and disabled people under pressure to end their lives in order not to be a ‘burden’ to their families and encourage unscrupulous individuals to ‘assist’ a vulnerable relative to end their life for financial reasons. Another fear is that to relax the laws on assisted dying will undermine the trust between doctors and their patients. These are all rational fears, but they are not borne out by the evidence. In those countries where assisted suicide or euthanasia is lawful and suitable protective mechanisms are in place (the Benelux countries and the US states of Washington and Oregon) there is no evidence that vulnerable people are at greater risk. It tends to be better-educated – and usually better-off – individuals who make the choice to end their lives. The trust placed by patients in their doctors is not undermined: in the Netherlands, doctors enjoy approval ratings that exceed those of their counterparts in the UK. And euthanasia already takes place on a significant scale here, but it is underground and unregulated - and therefore unsafe. So I see no justification for forcing those suffering from conditions which make their lives unbearable, and for which there is no prospect of relief by any other lawful means, to remain in that state until carried off by a ‘natural death’. The challenge is to persuade the courts that – if Parliament continues to ignore it - this is an issue that only they can remedy.
What have been some of the highlights in your career?
Cases that have gone on to set a precedent like Debbie Purdy’s are the main highlights, and there have been a number of those. My work on behalf of people with mental disorders led to landmark judgments here and in Europe and significant legislative changes. And I have been involved in several leading cases involving those who die in custody and the rights of their loved ones. But sometimes the cases that mean the most are the small ones that nevertheless make a real difference to someone’s life. Debbie Purdy’s case of course meant an awful lot to her, and many others. But I will always treasure one early victory in a discrimination claim for a young woman with learning disabilities who was barred from a pub because she was ‘putting off the customers’. I still have the thank-you note she sent me afterwards. It is just as important – because it is so prevalent - to combat small-scale, thoughtless injustice as it is the large-scale and the malicious, which is thankfully much rarer.
To what do you credit your success?
Doing something I love, with a lot of freedom, a bit of showmanship and a sense of occasionally making a difference - and a very supportive wife who sustained us financially during several lean years. My parents instilled a strong public service ethic, but with a non-conformist and critical edge. Volunteering at Brixton Law Centre after University showed me that I could make a difference to people’s lives. And finding a home among like-minded colleagues at Doughty Street has been crucial.
Where do you see yourself in ten years?
My immediate ambition is to be involved in shaping the law in my core areas of mental health and capacity law, police actions and deaths in custody, equality law and health law, with an eye to the future in other areas such as appellate and public law crime, national security and international law. But I am very worried about the impact of Government legal aid reforms on access to justice for vulnerable people and the future viability of the publicly funded legal profession. So if in ten years I can still represent those clients, I have a healthy practice and some kind of work life balance, with time to spend with my family and do the other things that I love – that would suit me fine.
Paul Bowen QC was interviewed by Guy Hewetson of Hewetson Shah.
Job title: Silk, Doughty Street Chambers
Doughty Street Chambers is a human rights and civil liberties practice with a national and international profile in criminal, civil, administrative, public and international law.
You represented Tony Nicklinson – who suffered ‘locked-in’ syndrome - in his landmark case challenging the law on assisted dying. How did you become involved in that case?
Tony’s case is a progression of the work I have done throughout my career around autonomy and choice. I have a public law and human rights practice which emphasises, among others, the rights of persons with disabilities. Autonomy links the right to make end of life decisions with, for example, the right of disabled persons to live independently in the community, and both are features of my practice. I represented Debbie Purdy in her successful appeal to the House of Lords which resulted in the DPP issuing his guidelines on prosecution in assisted suicide cases. The solicitor in Debbie Purdy’s case, Saimo Chahal, and I have worked together for many years so it was a natural fit for us to do so again for Tony and his family, who are carrying on the case now Tony has died.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
Adele Akers’ reflections on health and wellbeing support at the very junior end of the Bar
Not one to say, ‘I told you so,’ Sam Thomas continues his cyber series with the key learnings from the major supply chain attack affecting 80 law firms and at least one set of chambers at the end of 2023
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Increasing sophistication and frequency of attacks have led many chambers to ask ‘when’ not ‘if’ they will suffer a cyber incident. Simon Davis sets out the factors to consider when renewing your cyber cover
