Kuwait Court of Cassation principle number 1024

Liability for an unlawful act constituting an offence. The civil compensation action does not become time-barred unless the criminal action becomes time-barred. The injured party’s choice of the civil route to claim compensation for damage arising from the offence rather than the criminal route. Its effect. Suspension of the running of limitation against him for the period during - 200 - Obligation which the criminal courts continue. Termination of the criminal action by a final judgment therein or termination of the trial for another reason. Resumption of the running of the limitation period for the compensation action from that date. Contravening this. An error in applying the law requiring cassation of the judgment. - Establishment that the judgment’s rejection of the plea that the compensation action was time-barred was the basis for its proceeding to adjudicate the merits. Its consequence. Its cassation in this respect entails its cassation as regards its ruling on the merits of compensation.