Pre-emptive order

R (ex parte CND) v The Prime Minister [2002] EWHC 2712 (Admin), DC

The Campaign for Nuclear Disarmament sought permission to apply for a declaration that the United Nations Security Council Resolution 1441, on the basis of which weapons inspectors had gone to Iraq, did not authorise the use of force in the event of there being a breach, and that a further Security Council resolution would be required to authorise such force. In the course of the proceedings CND pre-emptively obtained an order that in the event of costs being awarded against it in the High Court such costs be limited to £25,000, on the grounds that CND’s modest resources were such that if it was not given the comfort sought by the order it would be unable to proceed with the challenge.