Zaiwalla set to fly into war in attempt to sue UK Treasury

City solicitor Sarosh Zaiwalla is hoping to fly to Baghdad in the midst of the Afghanistan war to try to secure instructions from Saddam Hussein's government to sue the UK Treasury.Mr Zaiwalla, senior partner of Zaiwalla & Co, first flew to Baghdad three months ago to meet Iraqi government officials.

He was asked to prepare a legal action challenging the United Nations-backed US/UK sanctions enforced for nine years against the war-ravaged, oil-rich state.On his return to the UK, Mr Zaiwalla asked the Treasury whether he could receive remuneration from Iraqi bank accounts frozen in London from the time of the Gulf War.

The Treasury turned him down.Now Mr Zaiwalla wants to take instructions on whether to challenge the Treasury decision by judicial review, but to do so he must fly to Baghdad - and almost certainly into the eye of a political storm.The challenge to sanctions would be made either in the International Court of Justice- alleging that sanctions are ultra vires of the UN Charter - or under the Human Rights Act 1998 and natural justice in the UK.Mr Zaiwalla said he has a provisional team of up to seven experts in mind - including QCs, professors and international legal academics.Mr Zaiwalla said: 'Whatever the naughty nature of a political group, if that group is willing to submit itself to international jurisdiction, a civilised society has a duty to give them the means to knock on the court's door - so that the rule of law prevails.'A Treasury spokesman said the UK enforces UN resolution 661 by not unblocking frozen Iraqi assets.

In 1998 - following questions in Parliament - assets were prevented from unfreezing even in cases where they were to be used for legal fees.The spokesman said: 'They [Zaiwalla & Co] know what the situation is.

Our position has been very clear - we implement resolution 661 in common with other governments.'Mr Zaiwalla said: 'I have acted for the Gandhi family in India when they were disputing, and for [former prime minister of Pakistan] Benazir Bhutto.

The rule of law should be blind to politics.'Jeremy Fleming