Kuwait Court of Cassation principle number 344

It is impermissible to disregard a special law in order to apply the general law except as to rules omitted from the special law. The reason: the special law is an exception to the general law that limits the generality of its provisions, restricting or repealing them only insofar as it specifically provides. The effect thereof. Each applies within its own scope: the special law applies to what is specifically assigned to it, and the general law remains applicable as to its remaining provisions. - Enactment of a special law excluding what was provided in the previous special law. Its implication. The legislator has left that matter to the provisions of the general law. Condition: absence of conflict between the provisions of the two laws. - The provision in Article 32 of Law 42/1964 concerning the Regulation of the Legal Profession empowering the judge to assess lawyers' fees where the client disputes them. Its amendment by Law 62/1996 and the exclusion of what the previous law provided concerning assessment of lawyers' fees where disputed mean that the purpose was to leave this matter to the provisions of the general law, namely the Civil Code provisions on agency, owing to the absence of conflict. Example. - The existence of conflict or divergence between the chambers of the Court of Cassation concerning the trial court's power to assess lawyers' fees when a dispute arises concerning them. Referral to the General Assembly of the Court's Chambers. A matter solely for the chamber competent to hear the appeal, to the exclusion of any other, if it finds that such conflict and divergence exist. Article 4/2 of the Judicial Organisation Law promulgated by Decree-Law 23/1990 and amended by Law 2/2003.