Kuwait Court of Cassation principle number 133

The administration's liability for administrative decisions issued by it. Its prerequisite. Fault on its part, damage befalling the interested party, and a causal relationship between the fault and the damage. An award of compensation is not a necessary consequence of a judgment of annulment. - Inferring fault giving rise to liability is a question of fact. Its assessment. A matter for the trial court so long as it is reasonable. Characterizing the act on which the compensation claim is based as a fault, or denying it that characterization. A question of law. The trial court's ruling thereon is subject to review by the Court of Cassation. - Establishment that the defect affecting the decision for which compensation is sought is a defect affecting the substance of the decision and thus constitutes a valid basis for compensation. The implication thereof: there is no basis for asserting that the administrative authority is exempt from liability for its fault. The challenged judgment's departure from this view. Defects it.