Kuwait Court of Cassation principle number 4365

The provisions of the Judicial Fees Law. Mandatory rules pertaining to public policy. The trial court must apply them of its own motion even if none of the litigants invokes them, and criticism of it is not considered the introduction of a new ground before the Court of Cassation. - Impossibility of assessing the value of the action. Its consequence. Treating it as having an unassessed value. The provisions of Law 17/1973 concerning judicial fees must be followed, rather than the valuation rules stipulated in the Law of Procedure. The Judicial Fees Law’s lack of a valuation for an incidental indemnity action in which the claimant does not seek an award of a specific sum. Its effect. Imposition of a fixed fee. Articles 5, 7 of the Law. Imposition of a proportional fee upon it. An error requiring cassation of the judgment. - Judicial Fees Department:-