People who are too sick or disabled to end their “unbearable” lives without help are currently being condemned to “suffer in silence or make desperate attempts to kill themselves”, the Court of Appeal heard yesterday.

A QC, representing Paul Lamb, 57, a Pudsey man who was paralysed in a road accident, told three judges that those who wanted to die, but were prevented from obtaining medical assistance to carry out their wishes, were forced to endure a life that they consider to be “overly burdensome and futile, with an extreme degree of pain, discomfort and indignity”.

The Lord Chief Justice Lord Judge, Master of the Rolls Lord Dyson and Lord Justice Elias are being asked to give rulings in the latest round of a legal action started by locked-in syndrome sufferer Tony Nicklinson, who died at home in Melksham, Wiltshire, a week after he lost a High Court bid in August to end his life with a doctor's help.

At the outset of yesterday’s proceedings in London, set to last several days, the judges made it clear that they were “acutely aware of the desperate situation” of those at the centre of the “right-to-die” litigation - but emphasised that the case could not be decided on the basis of “personal sympathy”.

Lord Judge said: “We are acutely aware of the desperate situation in which the appellants find themselves, and we are very sympathetic.”

But he stressed that “we cannot decide this case as a matter of personal sympathy”. It had to be decided on the “basis of principles of law” after the court has heard all sides.

The judges are hearing a challenge against the High Court's ruling by Mr Nicklinson's widow Jane, who vowed after his death to continue the battle in the courts, which she said was “part of Tony's legacy” .

She has said in a court statement: “Tony wanted a good death and he wanted to change the law so that other people could benefit from his actions.”

As well as Mrs Nicklinson's case, the judges will hear submissions on behalf of Mr Lamb – who won the right to join the litigation to continue the fight started by Mr Nicklinson.

They will also be hearing a challenge by another man, whose case was rejected at the High Court on the same day as Mr Nicklinson's.

The locked-in syndrome sufferer, who cannot be identified for legal reasons but is referred to as “Martin”, suffered a massive stroke in August, 2008. He is unable to speak and virtually unable to move, describing his life as “undignified, distressing and intolerable” - and wants to be allowed a “dignified suicide”.

Mr Lamb is immobile except for limited movement in his right hand and has been in significant pain since the 1990 tragedy. The former builder and father of two wants a doctor to help him die in a dignified way, preferably by a lethal injection, with his family around him in his own home.

The case continues.