Kuwait Court of Cassation principle number 1612

The administration's liability for administrative decisions issued by it. Its basis: the existence of fault on its part, harm befalling 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 court of merits, provided it is sound. Characterizing the act on which the claim for compensation is based as a fault, or denying it that characterization. A question of law. The court of merits' determination thereof is subject to review by the Court of Cassation.