Kuwait Court of Cassation principle number 3887

It being established that the bank froze the respondent's accounts held with it pursuant to a circular issued by the Central Bank in implementation of the Security Council resolution in this regard and the provisions of Law 35 of 2002 concerning the combating of money laundering operations, which require compliance with the instructions and decisions issued concerning that Law. Exposing the violator thereof to accountability. Its implication. The absence of the element of fault on the bank's part, thereby negating its contractual liability. The challenged judgment basing its ruling on the premise that the bank's liability rests solely on the element of damage. An error requiring its cassation.