Kuwait Court of Cassation principle number 1535

A judge's disqualification from deciding an action he previously heard as a judge. Its reason is the apprehension that he may adhere to the opinion disclosed by his earlier work. The basis of his duty to refrain. Its conflict with the requirement that a judge's mind be free of preconceptions concerning its subject matter so that he can weigh the litigants' arguments impartially, given that an opinion may call for adherence to it, which is incompatible with freedom to depart from it. - A judge's previous hearing of the action. What is meant thereby. His previous issuance therein of a dispositive judgment or an interlocutory judgment on part thereof, and his taking therein a step disclosing the expression of his opinion or viewpoint. - The Court of Cassation's ruling quashing the judgment, setting aside the appealed judgment, declaring service of the 2 originating statements of claim void, and remitting it to the court of first instance for hearing. Participation by a member of the circuit that rendered the first judgment in rendering the second judgment. Its effect. Nullity of the latter judgment because that member was disqualified from hearing it. The challenged judgment's departure from this view and its rejection of the plea that the judgment was void on the ground that previous hearing of the action means the judge's previous hearing of it at another stage or level, rather than at the same level. Vitiates it and requires its cassation.