Kuwait Court of Cassation principle number 2951

The provision in Article 32 of Law 42/1964 regulating the legal profession conferring on the judge the power to assess lawyers’ fees where the client disputes them. Its amendment by Law 62/1996 and exclusion of the provision in the previous law concerning assessment of lawyers’ fees in the event of a dispute over them means that the intention was to leave this matter to the general law, namely the Civil Code provisions on agency, owing to the absence of conflict. Example. - Assessing the agent’s remuneration and determining whether he performed his obligations. Within the trial court’s authority. Its condition. - The existence of conflict or divergence between chambers of the Court of Cassation concerning the trial court’s authority to assess lawyers’ fees when a dispute arises over them. Referral to the General Assembly of the Court’s Chambers. A matter for the chamber competent to hear the appeal alone, to the exclusion of any other, if it finds that such conflict and divergence exist. Article 4/2 of the Judicial Organisation Law promulgated by Decree-Law 23/1990 and amended by Law 2/2003.