Kuwait Court of Cassation principle number 954

Liability for an unlawful act constituting a crime. The civil action for compensation is not time-barred unless the criminal action is time-barred. The injured party’s choice of the civil route to claim compensation for damage arising from the crime rather than the criminal route. Its effect. Suspension of the running of limitation in respect of him for the duration of the criminal trial. 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. Departure from this. An error in the application of the law requiring cassation of the judgment. - 185 - Obligation - Establishment that the judgment’s ruling rejecting the plea that the compensation action is time-barred is the basis upon which it proceeded to determine the merits. Consequence. Its cassation in this respect entails cassation of its ruling on the merits of compensation. Limitation of the action for compensation for contractual liability: