Clifford Chance aims to strike out 200m claim

HUMAN RIGHTS: claimant protests at security of costs order

City giant Clifford Chance will this week seek to derail a 200 million professional negligence action brought against the firm by an Italian industrialist.The claim dates to an action brought in 1992 by Joseph Zappia against the Abu Dhabi government for 1.7 billion, in which Clifford Chance acted for him.After an acknowledged conflict of interest, the firm ceased acting for Mr Zappia in 1995.

The claim subsequently collapsed and Mr Zappia sued the firm (see [2001] Gazette, 25 January, 1).Earlier this year, Mr Zappia sought to amend his original statement of claim against Clifford Chance.

It is thought he hoped to increase the amount of the claim.But Judge Blofeld refused the application, and although he was given leave to appeal, Mr Zappia must give security of costs of 50,000.A Clifford Chance spokesman confirmed that the firm will this week attempt to strike out Mr Zappia's whole action as an abuse of process.London firm Zaiwalla & Co has been instructed to appear for Mr Zappia at that application.Mr Zappia has personally written to Lord Justice Robert Walker of the Court of Appeal, requesting a right to appeal without payment of security of costs, claiming that failure to grant him this will constitute a breach of his human rights.Stephen Grosz, a partner with human rights specialist firm Bindman & Partners, said there is an argument that requests for security of costs are a breach of the right to a fair trial under article 6 of the convention.But Mr Grosz added that so long as the security is not disproportionate, it is unlikely to succeed.Jeremy Fleming