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Published online by Cambridge University Press: 24 November 2003
In November 2002, the Campaign for Nuclear Disarmament (CND) applied for permission to seek an advisory declaration (by judicial review) on whether it would be illegal for the British Government to take military action against Iraq. The Divisional Court (Simon Brown L.J., Kay and Richards L.JJ.) gave CND permission to apply for declaratory relief on the basis of the importance of the issues before the court and the skill and cogency of CND's arguments, and agreed that the application was not premature. But the court refused the declaratory relief sought, holding that the question was non-justiciable and, on the basis that it concerned a question of international law and not English law, was also outside the jurisdiction of the court: CND v. Prime Minister of the UK and others [2002] EWHC 2759 (QB).