Kuwait Court of Cassation principle number 607

A special law may not be disregarded in order to apply the general law except in respect of provisions omitted from the special law. Reason therefor: 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. The effect thereof. Each applies within its scope: the special law applies to what is specifically assigned to it, and the general law remains applicable to its remaining provisions. - Enactment of a special law excluding what was provided in the previous special law. Its implication. The legislature has left the matter to the provisions of the general law. Its condition: absence of conflict between the provisions of the two laws. - 133 - The Law - The provision in Article 32 of Law 42/1964 concerning the Regulation of the Legal Profession(*) empowering the judge to assess lawyers' fees if the client disputes them. Its amendment by Law 62/1996 and exclusion of what was provided in the previous law regarding assessment of a lawyer's fees when disputed signifies that its objective was 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. - Assessment of the agent's remuneration and determination that he has performed his obligations. Within the authority of the court of merits. Its condition. - Existence of a conflict or difference between the chambers of the Court of Cassation concerning the authority of the court of merits to assess lawyers' fees when a dispute arises concerning 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 difference exist. Article 4/2 of the Judicial Organization Law promulgated by Decree-Law 23/1990 and amended by Law 2/2003. Miscellaneous matters: