Legal action brought by a severely disabled man who wants a judge to allow a doctor to "lawfully" end his life should be "struck out", the High Court heard today.

Mr Justice Charles, sitting in London, heard argument that it was not for the courts to act, but Parliament.

Lawyers for 57-year-old Tony Nicklinson are seeking court declarations that a doctor could intervene to end his "indignity" and have a "common law defence of necessity" against any murder charge.

Mr Nicklinson - who is married with two grown-up daughters and lives in Melksham, Wiltshire - had a stroke in 2005 and was left with "locked-in syndrome".

But, at a preliminary hearing today, David Perry QC, representing the Ministry of Justice, asked the judge to strike out the action - which would bring it to an end.

He said: "There are compelling reasons why the court should not intervene."

Mr Perry said Mr Nicklinson "is saying the court should positively authorise and permit as lawful the deliberate taking of his life".

He added: "That is not, and cannot be, the law of England and Wales unless Parliament were to say otherwise."

No matter how tragic the circumstances or situation, it was not a reason for "distorting the settled law".

It could only be Parliament "who could properly put into place a system with appropriate safeguards and conditions, not the courts taking this on a case by case basis".

Mr Nicklinson communicates through the use of a perspex board or by using his Eye-Blink computer and sums up his life as "dull, miserable, demeaning, undignified and intolerable".

He is seeking declarations that it is lawful for a doctor to terminate his life, with his consent and with him making the decision with full mental capacity.

Solicitor Saimo Chahal has said: "This will be a test case and raises many difficult legal, moral and ethical questions about euthanasia."

The proceedings were adjourned until February 8 for counsel on behalf of Mr Nicklinson to make representations on his behalf on the strike-out application