The Plea of Lack of Standing under Kuwaiti Law
Learn what a plea of lack of standing means in Kuwait and how it can stop claims brought by or against parties without the required legal standing.
Defenses, Appeals & Cassation · By Fahad Alhaddad Law Firm · Published 2026-09-28 · Updated 2026-09-28
In legal proceedings, the parties’ legal standing is an essential requirement without which a claim cannot proceed. A plea of lack of standing is a fundamental objection that enables you to seek dismissal before the merits of the claim are considered. It ensures that courts are not occupied with disputes to which the defendant has no connection. This matter is governed by the Civil and Commercial Procedure Law (Decree-Law No. 38 of 1980).
What Does Legal Standing Mean?
Legal standing means that the person bringing the claim is the actual holder of the right asserted, or their legal representative, and that the person against whom the claim is brought is legally responsible for the obligation being claimed. If this legal connection is absent, the claim is inadmissible for lack of standing.
For example, if someone brings a claim asserting ownership of a property they do not own, or brings a claim against someone unconnected to the contract or dispute, a plea of lack of standing is the appropriate legal response.
How Is This Plea Raised?
A plea of lack of standing should be raised as early as possible. It concerns public policy, meaning that the court may rule on it of its own motion. However, it is preferable and safer for the defendant to raise it in their first defence memorandum.
Formulating this plea requires establishing that the other party has no legal right to make the claim, or that the principal or representative lacks the necessary authorisation. This requires a careful review of the standing of the parties from the first hearing.
Why Is This Plea Important?
A plea of lack of standing may bring the proceedings to an immediate end. Imagine saving the considerable time spent on hearings through a simple, direct legal plea establishing that the case fails to meet the legal requirements from the outset.
At our firm, we place the utmost importance on examining the standing of the parties in every case we handle. We ensure that each party has the interest and standing legally required to participate in proceedings before the Kuwaiti courts.
Legal Consultation to Safeguard Your Rights
If you face a lawsuit whose grounds you do not understand, or believe it has been brought against someone unconnected to the matter, do not hesitate to contact us. We will represent you and raise a plea of lack of standing if it is appropriate to your legal position.
We are committed to providing legal consultations that ensure a strong and effective defence, focusing on strategies that save you time and effort when dealing with legal disputes.
Frequently asked questions
Can I raise a plea of lack of standing at any stage?
Standing is a condition for the admissibility of a claim, so its absence may be raised at any stage. However, the preferable legal approach is to raise it in the first defence memorandum.
What does it mean that the plea concerns public policy?
It means that this is a fundamental objection that is not waived by the parties’ silence. The judge may raise it of their own motion if it becomes apparent that one of the parties lacks standing.
Related guides
This article is general information, not legal advice, and does not replace consultation with a lawyer licensed in Kuwait. The official Arabic legal texts prevail over any English explanation.