A LANCASTER man who secured the right to die with dignity after winning a landmark legal battle against medical guidance is facing a challenge.

Leslie Burke, who suffers from a degenerative brain condition, was granted his right to live in the High Court last July.

He won a case preventing any doctor from withdrawing his food and water when he is unable to talk.

The High Court action came because he was concerned that under General Medical Council guidelines doctors could stop artificially feeding terminally ill patients if they thought it was in their best interest.

"I want to die naturally and with dignity. I don't want a doctor who has known me for a few minutes to judge what my quality of life may be like," said Mr Burke last year.

"I will be mentally alert and know they have stopped feeding me but will not be able to do anything about it."

But this week, the GMC is challenging the decision in the Court of Appeal in London.

The Burke ruling affects all terminally ill patients unable to communicate theIR WISHES about their treatment, it says.

It is appealing against the decision because it is unclear how the judgement applies to all situations and wants to clarify in what circumstances a doctor can withdraw treatment.

Ruth Evans, Chair of the GMC Standards and Ethics Committee said "The question whether a life-prolonging treatment should be started, or should be withdrawn, is painful for patients, their family and the doctors to address.

"Some patients will want everything possible to be done, while others will want to avoid too much medical intervention when they are nearing the end of life. Doctors want clear guidance to help ensure individual patients receive the care that's right for them.

"This is why we are appealing the judgement."

Mr Burke, aged 44, was diagnosed with cerebellar ataxia 13 years ago and has already lost the use of his legs. He will eventually lose the use of his body.

Last year, the Newton Estate resident argued that GMC guidelines clash with the European Convention on Human Rights which safeguard the right to life.

After last July's groundbreaking decision, he told the Citizen: "It could take up to three weeks to starve to death and I would be aware every single day, every single minute. It's a horrible way to die."

The former postman pledges that he will fight the GMC appeal all the way'.