Kuwait Court of Cassation principle number 62

Lodging the statement of claim. A condition for commencement of litigation. Its constitution depends upon service thereof. The reason. Fulfilment of the adversarial principle between the litigants. Its implication: fulfilment of the adversarial principle without service suffices to constitute it. The basis for this. - The female respondent submitting to the Court of Appeal a memorandum containing an incidental appeal, in the appellant’s absence, seeking an increase in the maintenance awarded. Its necessary consequence. Service on the latter so that he can confront what is directed against him and respond to it. The challenged judgment ruling that it is admissible in form and increasing maintenance despite the litigation in the incidental appeal not having been constituted. A violation of the law requiring its cassation. 2- A lawyer’s signature on statements of claim and appeal pleadings: