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Mark Mullins, a barrister and London Chairman of the Lawyers Christian Fellowship, said, ”A Christian Society is concerned that we love our neighbours as ourselves. This should involve the State giving food and water to its citizens as long as their life naturally continues. It is for God to end life in these situations and not for man to interfere. What kind of society will we become if we turn our backs on the most weak and vulnerable?”

Mr Burke challenged the GMC’s guidelines (which set out certain circumstances in which food and drink could be withdrawn from patients without the courts' consent) on the basis that they infringed his human rights. He knew that his condition would deteriorate to such an extent that he would not be able to swallow, and he feared that at some point in the future his life could be prematurely ended by doctors operating under the GMC guidelines.

If food and water were to be withheld from Mr Burke under these guidelines, he would die of dehydration slowly and painfully over a period of two or three weeks. Although he would not be able to move or speak, he would be fully conscious of events and the effects of starvation and dehydration over this period.

Mr Justice Mumby granted Mr Burke’s challenge to the GMC Guidance for the following reasons:

1. The emphasis of the Guidance is on the right of the competent patient to refuse treatment rather than on his right to require treatment;
2. the Guidance fails sufficiently to acknowledge that it is the duty of a doctor who is unable or unwilling to carry out the wishes of his patient to go on providing the treatment until he can find another doctor who will do so;
3. the Guidance fails sufficiently to acknowledge the heavy presumption in favour of life-prolonging treatment; and
4. the Guidance fails to spell out the legal requirement in specified situations to obtain prior judicial sanction for the withdrawal of artificial nutrition and hydration.

Mr Mullins concluded, “The LCF and CMF has welcomed this ruling from the High Court which we hope will serve to protect the thousands of vulnerable people in Mr Burke’s situation.”