Kuwait Court of Cassation principle number 338

A special law may not be disregarded in order to apply the general law except in respect of matters omitted from the special law. Reason for that: the special law is an exception to the general law, limiting the generality of its provisions by restricting or repealing them only insofar as it specifically provides. Effect thereof. Each applies within its scope: the special law applies to what is assigned to it, and the general law remains applicable to its remaining provisions. - Enactment of a special law excluding what was stipulated in the previous special law. Its consequence. The legislature left that matter to the provisions of the general law. Condition thereof: absence of conflict between the provisions of the 2 laws. - The provision in Article 32 of Law 42/1964 concerning the Regulation of the Legal Profession granting the judge power to assess lawyers' fees where the client disputes them. Its amendment by Law 62/1996 and exclusion of what the previous law stipulated concerning assessment of lawyers' fees in the event of a dispute mean that it intended thereby to leave this matter to the provisions of the general law, namely the Civil Code provisions on agency, owing to the absence of conflict. Example. - 72 - Law - The existence of a conflict or divergence between circuits of the Court of Cassation concerning the trial court's power to assess lawyers' fees when a dispute arises concerning them. Referral to the General Assembly of the Court's Circuits. Is a matter exclusively for the circuit competent to hear the appeal, and no other, if it finds that such conflict and divergence exist. Article 4/2 of the Judicial Organization Law promulgated by Decree-Law 23/1990 and amended by Law 2/2003.