المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. أولاً: بوجه عام

    Principle 4191A lawyer retained in an action may appoint another lawyer to deputize for him in the litigation, in pleading, or in any litigation procedure without a power of attorney, unless the power of attorney contains a provision Pleadings — Part Three · Source page 736
  2. Principle 4193A lawyer’s liability arises where his failure to perform his duty results in loss of rights or expiry of appeal time limits. If it results in the client’s loss of an opportunity, even if merely potential, the lawyer mustPleadings — Part Three · Source page 736
  3. Principle 4194Inferring the existence or absence of contractual fault giving rise to a lawyer's liability towards the client, and establishment or non-establishment of damage warranting compensation. Matters of fact falling within thePleadings — Part Three · Source page 736
  4. Principle 4195A lawyer's agency. Its formation, termination, and all its rules are subject to the general rules concerning agency contracts in the Civil Code, except for the special provisions concerning that agency contained in Law 4Pleadings — Part Three · Source page 736
  5. Principle 4196Nullity of a statement of claim, appeal pleading or petition if not signed by a lawyer admitted before the court to which it is submitted. The legislature permits this nullity to be cured even after it has been invoked, Pleadings — Part Three · Source page 737
  6. Principle 4197Admissibility of an application for recusal made by an agent. Its condition. His submission, when formally lodging it, of a special power of attorney for recusal of a particular judge or a particular panel in a specific Pleadings — Part Three · Source page 737
  7. Principle 4198A lawyer admitted before the court must sign the statement of claim in an action whose value exceeds five thousand dinars, the petition of appeal, and the petition for reconsideration, except those filed by the GovernmenPleadings — Part Three · Source page 737
  8. Principle 4199A lawyer's agency. Its formation, termination, and all its other rules are subject to the general rules governing the agency contract in the Civil Code. - Remunerated agency. The agreed remuneration is subject to assessmPleadings — Part Three · Source page 738
  9. Principle 4200The legislature's restriction of the right to represent litigants before the courts to lawyers alone and its establishment of this as a general rule in litigation agency. Exception: interested parties may appoint their sPleadings — Part Three · Source page 738
  10. Principle 4201The lawyer’s signature on the statement of claim. The legislature has not required any particular form clearly revealing his name. - The rule concerning a signature is to presume that it was made by the person to whom itPleadings — Part Three · Source page 738
  11. Principle 4202Practicing the legal profession. Restricted to persons possessing Kuwaiti nationality, except within the limits of the exception under Article 17 of Law 42 of 1964 concerning the regulation of the legal profession, as amPleadings — Part Three · Source page 738
  12. Principle 4203Establishment that the female appellant is not of Kuwaiti nationality. Her agreement with the respondent to enter into partnership with him in a law office, a partnership encompassing all pending cases in addition to newPleadings — Part Three · Source page 738
  13. Principle 4204Original or elected domicile. Documents necessary for the conduct of the action may be served there. Cancellation of this domicile. Its effect. The opposing party must be expressly notified thereof; otherwise, service thPleadings — Part Three · Source page 739
  14. Principle 4205Examination of the rationale and reasons for legislation. Has no place unless the text is ambiguous. - Decree-Law 35/1978 concerning the lease of real property. Contains provisions exceptional to the general provisions oPleadings — Part Three · Source page 739
  15. Principle 4206A cassation appeal petition. Must be signed by a lawyer. Omission thereof. Its effect. Absolute invalidity of the appeal concerning public policy. The appearance of a lawyer's name printed on the petition does not alter Pleadings — Part Three · Source page 739
  16. Principle 4207Signature by an admitted lawyer on a statement of claim exceeding five thousand dinars in value, an appeal pleading and a petition for reconsideration, except those filed by the Government. A mandatory and essential procPleadings — Part Three · Source page 740
  17. Principle 4208Pleading in its technical sense. Means an oral explanation by the litigant or his lawyer of the viewpoint concerning the allegations, defences, or grounds presented before the court by the person who authorized him to plPleadings — Part Three · Source page 740
  18. Principle 4209The legislature's exhaustive specification of the judicial documents which it requires to be signed by an admitted lawyer and its imposition of nullity for contravention thereof in clear and explicit language. Article 18Pleadings — Part Three · Source page 740

  19. ثانياً: أتعاب المحاماة

    Principle 4210A lawyer appearing as agent for a litigant. He must declare his appearance on the litigant’s behalf in the hearing record and, before pleading, establish his authority from the person on whose behalf he declared his appePleadings — Part Three · Source page 740
  20. Principle 4211Payment for lawyers' fees. Included within litigation costs. The condition for awarding it to the party who won the action. That he had a lawyer appear. Awarding it to someone who did not have a lawyer appear. A violatioPleadings — Part Three · Source page 741
  21. Principle 4212Assessment or reduction of a lawyer’s fees. A matter exclusively for the trial judge. Disputing this. A factual argument that may not be raised before the Court of Cassation.Pleadings — Part Three · Source page 741
  22. Principle 4213The lawyer receives fees according to the written agreement with the client, and the court that heard the case may reduce the agreed fees at the client’s request if it considers them excessive in relation to the effort ePleadings — Part Three · Source page 741
  23. Principle 4214Assessment of lawyers’ fees in the absence of a written agreement is effected by obtaining an assessment order from the court that heard the case, and constitutes a litigation procedure relating to public policy. PursuinPleadings — Part Three · Source page 741
  24. Principle 4215An agreement concluded by a lawyer fixing the lawyer's fees for the judicial or non-judicial work entrusted to the lawyer as a percentage of the amount claimed in the action, the amount awarded therein, or the judicial wPleadings — Part Three · Source page 741
  25. Principle 4216A lawyer's fees. Become time-barred upon the lapse of five years from completion of his work if there is no instrument evidencing them and he refrains from claiming them. Basis thereof. The presumption of payment and avoPleadings — Part Three · Source page 742
  26. Principle 4217An award of lawyers' fees against the unsuccessful party. Its prerequisite. That the opposing party who won the action had a lawyer attend therein. Attendance by a member of the Department of Legal Opinions and LegislatiPleadings — Part Three · Source page 742
  27. Principle 4218The court’s assessment of lawyers’ fees. Its manner. Upon the successful party’s request, within the limits of his claims and in light of the actual fees he incurred, having regard to the subject matter of the action andPleadings — Part Three · Source page 742
  28. Principle 4219The judgment's assessment of actual lawyers' fees and ordering the appellant to pay them to the respondent, and its ruling in the operative part ordering her to pay another amount as lawyers' fees. An error in applying tPleadings — Part Three · Source page 742
  29. Principle 4220Actual lawyers’ fees awarded to the successful litigant at his request. Their amount is subject to the discretion of the trial judge. Article 119 bis of the Code of Procedure, added by Law 36 of 2002.Pleadings — Part Three · Source page 742
  30. Principle 4221Actual lawyers' fees. The losing party is liable for them as part of the costs of the action. - 742 - Civil ProcedurePleadings — Part Three · Source page 742
  31. Principle 4222The court’s assessment of lawyers’ fees. Its criterion. - An award of the costs of the action. Its criterion. The legislature’s inclusion of lawyers’ fees within those costs. Consequence thereof. They must be awarded agaPleadings — Part Three · Source page 743
  32. Principle 4223The first-instance judgment's assessment of actual lawyers' fees below those fixed in the contract. Its disregard of the appellants' defense that the fees fixed in the contract were fictitious. No defect.Pleadings — Part Three · Source page 743
  33. Principle 4224Lawyers' fees. Part of the costs of the action. A ruling dismissing the action. No basis for ruling on the claim for actual fees.Pleadings — Part Three · Source page 743
  34. Principle 4226The prohibition on a lawyer receiving fees for his professional work where they constitute an in-kind share of the disputed rights whose defence he undertakes. Its criterion according to the general rule governing contraPleadings — Part Three · Source page 743
  35. Principle 4227Actual lawyers’ fees. They are those paid by the successful party in the action to his lawyer whom he engaged to claim or defend his right. The legislature has not prescribed specific bases for these fees. Their assessmePleadings — Part Three · Source page 743
  36. Principle 4228Assessment of actual lawyers’ fees. Within the authority of the court hearing the merits. Prerequisite and condition thereof.Pleadings — Part Three · Source page 743
  37. Principle 4229Assessment of compensation. A matter for the trial court. The limit thereof. An example of assessing compensation for bodily injury, material and moral damage, and lawyers' fees. - 743 - Civil ProcedurePleadings — Part Three · Source page 743
  38. Principle 4230Assessment of lawyers' fees at the request of the party in whose favour judgment was rendered, within the limits of his claims and in light of the actual fees he incurred, taking into account the subject matter of the acPleadings — Part Three · Source page 744
  39. Principle 4231Actual lawyers' fees. Awarded to the successful party upon that party's request. Their assessment is a matter of fact in which the subject matter of the action and the level of litigation at which it is being heard are tPleadings — Part Three · Source page 744
  40. Principle 4233Prohibition on a lawyer receiving an in-kind share of the disputed rights in respect of which he conducts the defence. Article 32/1, 3 of Law 42 of 1964, as amended by Law 62 of 1996, regulating the legal profession befoPleadings — Part Three · Source page 744
  41. Principle 4234Actual lawyers' fees awarded in a civil action pursuant to Article 119 of the Civil Procedure Code. Differ from the fees paid to the lawyer retained to defend in a criminal action. An award of the latter requires impairmPleadings — Part Three · Source page 744
  42. Principle 4235Assessment of the effort expended by a lawyer and the fees appropriate to that effort. A matter within the independent discretion of the trial judge. - 744 - Civil ProcedurePleadings — Part Three · Source page 744
  43. Principle 4236The appellant’s request for an award of actual lawyers’ fees when he is not the successful party. Has no basis. The rationale: application of Article 119 bis of the Law of Procedure depends on the person requesting assesPleadings — Part Three · Source page 745
  44. Principle 4237Actual lawyers' fees awarded to the successful party upon his request. Subject to the assessment of the court of merits. In doing so, the court must take account of the subject matter of the action and the level of litigPleadings — Part Three · Source page 745
  45. Principle 4238The provision in Article 32 of Law 42/1964 concerning regulation of the legal profession conferring upon the judge authority to assess lawyers' fees where the client disputes them. Its amendment by Law 62/1996 and exclusPleadings — Part Three · Source page 745
  46. Principle 4239Assessment of lawyers’ fees. A matter of fact. Its limit: upon the successful party’s request and within the limits of his claims, in light of the actual fees he incurred and having regard to the subject matter of the acPleadings — Part Three · Source page
  47. Principle 4240A lawyer may not receive his fees as a share in kind of the disputed rights that he undertakes to defend. Article 32/1,3 of Law 42 of 1964, as amended. His fixing a percentage of the value of the claim in the cases in rePleadings — Part Three · Source page
  48. Principle 4241The trial court has authority to assess the appropriate fees for lawyers' fees. An example.Pleadings — Part Three · Source page
  49. Principle 4243Assessment of lawyers' fees belongs to the court of merits at the request of the party in whose favour judgment was rendered, within the limits of his claims and in light of the actual fees he incurred, taking into accouPleadings — Part Three · Source page
  50. Principle 4244Lawyers’ fees. Assessed by the court upon the successful party’s request, within the limits of his claims and in light of the actual fees he incurred, having regard to the subject matter of the action and the level of liPleadings — Part Three · Source page
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