Alexander Litvinenko's widow suffers setback in bid to challenge public inquiry refusal Judges at London's High Court refused to make 'protected costs' order Widow Marina wants to challenge Theresa May's ruling against an inquiry She believes he was working for MI6 and killed on the orders of the Kremlin Coroner claims a review would contradict evidence already heard If unsuccessful she could be landed with £40,000 bill - all her assets' worth The widow of poisoned ex-KGB spy Alexander Litvinenko has been refused legal funding to challenge the Government's decision not to hold a public inquiry into his death. Three judges at London's High Court - Lord Justice Goldring, Lord Justice Treacy and Mr Justice Mitting - refused to make a 'protected costs' order. It means Marina Litvinenko - the only person eligible to challenge Theresa May's ruling - could be stripped her of all her assets if she lost the case. The judges said they would give their reasons tomorrow morning. Denied: Marina Litvinenko, pictured at court today, could lose all her assets if she challenges the Government Poisoned: ALexander Litvinenko was poisoned with radioactive polonium-210 in tea in a London hotel Ben Emerson QC, appearing for the widow, blasted the setback in a case which he claims is of 'national and international interest'. Today he explained his client wanted a public inquiry because she backed the Coroner's view that an inquest would return an 'unjust and distorted' verdict that was contrary to the evidence already heard. Mr Emerson told the judges: 'Her Majesty's Government is in possession of evidence which shows there is at least a prime facie case that his murder was ordered by officials of the Russian government.' The murder was 'an act of nuclear terrorism on the streets of London,' he said. Asking for legal costs to be covered, Mr Emerson explained the challenge - if unsuccessful - could lead to a £40,000 bill, which is almost 'everything she has in terms of assets she can access'. He added: 'Mrs Litvinenko regards her life as being on hold. It is very difficult for her to make decisions about the future until this process has come to a conclusion. Long battle: Widow Marina has given countless interviews about what she calls a 'murder ordered by Kremlin' Since her husband's death she and their son Anatoly have battled to discover the truth about what led to his killing. Mr Litvinenko's family believe he was working for MI6 at the time of his death and was killed on the orders of the Kremlin. Mr Litvinenko, 43, was poisoned with radioactive polonium-210 while drinking tea with two Russian men, one a former KGB officer, at the Millennium Hotel in London's Grosvenor Square in 2006. Coroner Sir Robert Owen asked for the public inquiry, saying that he could not hear evidence in public at a normal inquest linked to the alleged involvement of the Russian state in Mr Litvinenko's death. A further hearing will be held to decide whether or not Mrs Litvinenko can challenge Theresa May's ruling Despite his request, the Home Secretary decided in May that the inquest should proceed, and the question whether to hold a public inquiry or other form of further investigation should be decided after a verdict was returned. Mr Litvinenko's widow Marina was left 'shocked and disappointed' and launched proceedings to challenge the Home Secretary's decision. The question whether she should be given the go-ahead to challenge Home Secretary Theresa May's decision refusing an immediate inquiry is to be dealt with by judges at a further hearing.