Kuwait Court of Cassation principle number 1537

The administration’s liability for administrative decisions issued by it. Its prerequisites: fault on its part, harm suffered by the person concerned, and a causal relationship between the fault and the harm. An award of compensation is not a necessary consequence of a judgment of annulment. - Inferring fault giving rise to liability is a question of fact. Its assessment. A matter for the trial court, provided it is sound. Characterising the act on which the claim for compensation is based as fault, or denying it that character. A question of law. The trial court’s ruling thereon is subject to review by the Court of Cassation. - Establishment that the defect affecting the decision for which compensation is sought is a defect affecting the substance of the decision and thus capable of serving as a basis for compensation. Its implication: there is no basis for maintaining that the administrative authority is exempt from liability for its fault. The challenged judgment’s departure from this view. This vitiates it.