Kuwait Court of Cassation principle number 2441

Lapse of proceedings. Its nature. A sanction imposed on the plaintiff and persons in an equivalent position upon causing the failure to proceed with the action for one year from the last valid procedural step, by his act or omission, intentionally or negligently. Its effect. The burden of resuming the proceedings falls upon him. - 470 - Obligation - The lapse period does not run if the activity falls upon the court registry. Expiry of proceedings upon the lapse of five years from the last valid procedural step in the action. Grounds of suspension and interruption apply to this limitation period. - Notifying litigants of the filing of the expert's report and the hearing scheduled for consideration of the action. Is the responsibility of the court registry. Example: the period of the Iraqi invasion of the country and the suspension of court operations constitute a material impediment preventing the resumption of proceedings within the time limit.