Kuwait Court of Cassation principle number 612

The special law may not be disregarded in order to apply the general law except in respect of provisions omitted from the special law. The reason therefor: the special law is an exception to the general law, limiting the generality of its provisions by restricting or repealing them only in respect of what it specifically addresses. The effect thereof. Each applies within its own scope: the special law applies to what it specifically addresses, and the general law remains applicable to its remaining provisions. - Enactment of a special law omitting what was provided for in the preceding special law. Its effect. The legislature has left the matter to the provisions of the general law. The condition thereof: absence of conflict between the provisions of the 2 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 omission of what the previous law provided concerning assessment of lawyers’ fees when disputed means that the aim was to leave this matter to the provisions of the general law, namely the Civil Code’s provisions on agency, owing to the absence of conflict. Example. - Assessment of the agent’s remuneration and inference that he has performed his obligations. Within the power of the court of merits. Its condition. - The existence of a conflict or difference between circuits of the Court of Cassation concerning the power of the court of merits to assess lawyers’ fees when a dispute arises over them. Referral to the General Assembly of the Court’s Circuits. A matter solely for the circuit competent to hear the appeal, to the exclusion of others, if it finds that such conflict and difference exist. Article 4/2 of the Judicial Organisation Law promulgated by Decree-Law 23/1990 and amended by Law 2/2003.