المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

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. ثانياً: أتعاب المحاماة

    Principle 4245The court's assessment of lawyers' fees. Is made upon the successful party's request, within the limits of his claims, in light of the actual fees he incurred, and taking account of the subject matter of the action and tPleadings — Part Three · Source page 746
  2. Principle 4246Reimbursement of actual lawyers’ fees. Compensation for the material damage sustained by the successful litigant as a result of the expenses incurred in claiming its right judicially against its opponent. Its assessment Pleadings — Part Three · Source page 746
  3. Principle 4247Costs of enforcement proceedings, including the allowance for lawyers’ fees. The sales judge assesses them, announces this assessment at the hearing before bidding opens, and states it in the judgment awarding the auctioPleadings — Part Three · Source page 747

  4. ثالثاً: دعوى المطالبة بأتعاب المحاماة

    Principle 4249Reduction of lawyers’ fees by the court. The two factors that must be followed in this case. The effort expended by the lawyer and the benefit accruing to the client. This applies whether there is no written agreement onPleadings — Part Three · Source page 747
  5. Principle 4251Reduction of lawyers' fees by the court. The two elements to be followed: the effort expended by the lawyer and the benefit accruing to the client. Procedures for seeking it. An action brought by the client or a defense Pleadings — Part Three · Source page 748
  6. Principle 4252Reduction of lawyers' fees by the court. The two factors to be followed: the effort expended by the lawyer and the benefit accruing to the client. Procedures for requesting it. An action brought by the client or a defencPleadings — Part Three · Source page 748
  7. Principle 4254An appeal against the decision issued by the Civil Circuit of the Court of Appeal assessing a lawyer’s fees—in the absence of a written agreement—is impermissible. Article 32/1 of Law 42 of 1964 regulating the legal profPleadings — Part Three · Source page 748
  8. Principle 4255The court's characterization of the litigants' oral agreement on lawyers' fees relating to the actions covered by the settlement contract drawn up between them as a subsequent settlement contract. Its effect: the provisiPleadings — Part Three · Source page 749
  9. Principle 4256The decision issued by the Court of Appeal assessing a lawyer’s fees—in the absence of a written agreement on their amount—is not subject to challenge. This means: challenging the decision by a petition for reconsideratiPleadings — Part Three · Source page 749

  10. رابعاً: مجلس تأديب المحامين

    Principle 4261Decisions issued by the Lawyers' Disciplinary Board. The Public Prosecution and the lawyer against whom the decision is rendered may appeal them within 15 days before the board provided for in Article 44 of Law No. - 749Pleadings — Part Three · Source page 749
  11. Principle 4262What the Lawyers’ Disciplinary Board issues concerning a lawyer referred to it. A judgment, not an administrative decision. The reason: the legislature conferred upon it the nature and characteristics of a judgment by maPleadings — Part Three · Source page 750

  12. - بوجه عام

    Principle 4263Article 44 of Law No. 42 of 1964 concerning regulation of the legal profession. Its meaning. - A decision issued by the Appellate Disciplinary Board. An appeal against it before any other judicial body. Even if it errs iPleadings — Part Three · Source page 750
  13. Principle 4264The event giving rise to the Public Treasury’s right to collect judicial fees: submission of the statement of claim or application to the court. - The Registry alone has the right to demand from the plaintiff the fees duPleadings — Part Three · Source page 751
  14. Principle 4265An appeal in a grievance against a fee assessment order. When it is not permissible. When the application or action is amenable to this avenue of appeal, and no regard is had in this respect to the amount stated in the fPleadings — Part Three · Source page 751
  15. Principle 4266A grievance against an order assessing fees where based on a dispute over entitlement to the fee. Its manner. By depositing its petition with the Registry Department of the competent court in accordance with the general Pleadings — Part Three · Source page 751
  16. Principle 4267Assessment of the expert's fees and collection of his fees. Effected by obtaining an order on petition therefor from the president or judge of the court that appointed him. The manner of challenging this by grievance. AnPleadings — Part Three · Source page 751
  17. Principle 4268A dispute over the amount of judicial fees. Differs from a dispute over the basis and extent of the obligation to pay them and its discharge. The former is by a grievance before the process server or by a declaration at Pleadings — Part Three · Source page 752
  18. Principle 4269Assessment of a lawyer’s fees for non-judicial work where there is no written agreement concerning them, or one exists but is void. How this is done. Bringing an ordinary action in accordance with the rules of the Code oPleadings — Part Three · Source page 752
  19. Principle 4270Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the appeal petition. Its condition. It must be established that, when deciding the action, the Pleadings — Part Three · Source page 752
  20. Principle 4271A grievance against an order assessing court fees. Its manner. Either by a declaration at the registry of the court that issued the judgment within the eight days following service thereof, if the dispute concerns the amPleadings — Part Three · Source page 752
  21. Principle 4272The liquidator's receipt of remuneration for his work. Permissible. The manner of assessing this remuneration: in the order appointing him or upon an application submitted to the court. The assessment takes account of thPleadings — Part Three · Source page 752

  22. - الرسوم القضائية

    Principle 4273Judicial fees. A type of fee payable to the State. They become time-barred upon the passage of five years from the date of judgment in the action in respect of which they became due, or from the date the papers were drawPleadings — Part Three · Source page 752
  23. Principle 4274Removal of an action for non-payment of the fee. Its effect. The action is deemed not to be before the court or within its cognisance, and there is no basis for collecting the fee. The State’s collection of it neverthelePleadings — Part Three · Source page 753
  24. Principle 4275Submission of the statement of claim or application is the event giving rise to the right to collect the action's fees. The claimant's obligation to pay them once the court is lawfully seised of the action or applicationPleadings — Part Three · Source page 753
  25. Principle 4276Exemption of the Government from judicial fees. Covers the Government regardless of the authority acting on its behalf in bringing the action. Applies to actions and appeals.Pleadings — Part Three · Source page 753
  26. Principle 4277A financial violation in performing a procedural act. Does not entail its nullity unless the law so provides. - Nullity does not ensue as a sanction for non-payment of the action fee.Pleadings — Part Three · Source page 753
  27. Principle 4278The event giving rise to the Treasury’s right to collect judicial fees due. Submission of the pleading to the court. The Registry Department’s means of claiming them is to apply to the presiding judge of the panel that iPleadings — Part Three · Source page 753
  28. Principle 4279The incidental action. Its independence from the original action. Its implication. The incidental action may be excluded if its fee is not paid. - 753 - ProcedurePleadings — Part Three · Source page 753
  29. Principle 4280Failure to pay the fee due. Its effect. The court excludes the action or application for which this fee has not been paid.Pleadings — Part Three · Source page 754
  30. Principle 4281Exemption of the Government from judicial fees. Article 1, Law 7/1961. Limited to actions and appeals brought by it. As for those brought against it in which judgment is rendered against it, it is liable for their fees.Pleadings — Part Three · Source page 754
  31. Principle 4282Exemption from judicial fees for public institutions, government departments and their services applies to actions brought by them. The judgment ordering them to pay such fees. A violation of the law and an error in its Pleadings — Part Three · Source page 754
  32. Principle 4283Issuance of a decision by the Court Fees Exemptions Committee exempting the appellant from court fees. Its effect. Exemption of the appellant from depositing security for the cassation appeal against the judgment.Pleadings — Part Three · Source page 754
  33. Principle 4285Exemption of government departments, their services, and public institutions from fees for actions they bring, including challenges. Its basis is Article One of Law 7/1961 and Article 20 of Law 17/1973 concerning judiciaPleadings — Part Three · Source page 754
  34. Principle 4286The fee due on an action. It must be paid before any procedural step is taken. Otherwise, the court excludes the action or application.Pleadings — Part Three · Source page 754
  35. Principle 4287An appellant may not be prejudiced by his appeal. Example. The appellate judgment may not address the respondent’s contention that the judgment is void for adjudicating substantive claims before payment of the fees - 754Pleadings — Part Three · Source page 754
  36. Principle 4288An incidental indemnity action. Is not considered a plea or defence in the principal action despite its connection with it. Non-payment of the fees due for it. Its effect. Its removal from the docket.Pleadings — Part Three · Source page 755
  37. Principle 4289An appeal is permissible only against judgments determining the dispute. A decision excluding an action from the docket for non-payment of the fee due is not a judgment. Its implication. An appeal against it is impermissPleadings — Part Three · Source page 755
  38. Principle 4290An appeal may be brought only against judgments. Implication of that rule. A decision removing an action from the roll for non-payment of the fee is not a judgment. It therefore may not be appealed.Pleadings — Part Three · Source page 755
  39. Principle 4291Exclusion of the incidental indemnity action for non-payment of the fee. Its effect. It falls outside the scope of the litigation and is deemed not to be before the Court of Appeal.Pleadings — Part Three · Source page 755
  40. Principle 4292Actions brought by the Public Authority for Minors’ Affairs on behalf of orphans are treated as actions concerning government departments. The effect of that. Their exemption from the judicial fees prescribed for those aPleadings — Part Three · Source page 755
  41. Principle 4293Exemption of the Government from judicial fees, irrespective of the entity representing it. The judgment erred in ordering the government entity to pay the fees for the appeal it brought.Pleadings — Part Three · Source page 755
  42. Principle 4294A financial violation in performing a procedural act does not entail the nullity of that act unless the law provides otherwise. The law has not prescribed nullity for failure to pay the fees due. - 755 - Civil ProcedurePleadings — Part Three · Source page 755
  43. Principle 4296Exemption of workers from judicial fees for actions they bring to claim their rights prescribed in the Labour Law. They may be ordered to pay all or some of the costs, including lawyers’ fees, when the action is dismissePleadings — Part Three · Source page 756
  44. Principle 4297Submission of the statement of claim or application to the court is the event giving rise to the right to collect the judicial fees due to the public treasury in respect thereof. - The Registry Department collects the fePleadings — Part Three · Source page 756
  45. Principle 4298An application for exemption from court fees is not a judicial procedure interrupting limitation, even if it is granted. The rationale therefor. An example..Pleadings — Part Three · Source page 756
  46. Principle 4299Exemption of actions brought by the Public Authority for Minors' Affairs on behalf of orphans from the prescribed judicial fees. The judgment's contravention thereof. A violation of law necessitating its cassation.Pleadings — Part Three · Source page
  47. Principle 4300Exemption from judicial fees is prescribed for the Government, irrespective of the entity representing it in bringing actions. Example.Pleadings — Part Three · Source page
  48. Principle 4301Exemption of the Government from judicial fees. It applies to actions and appeals brought by it, regardless of the entity represented by the Department of Legal Opinions and Legislation. - 756 - Civil ProcedurePleadings — Part Three · Source page
  49. Principle 4302Actions brought by workers pursuant to the provisions of the Private Sector Labour Law are exempt from fees, shall be heard urgently, and may not be heard after one year from the termination of the contract. The bar on hPleadings — Part Three · Source page
  50. Principle 4303The fee due on multiple claims of ascertainable value arising from a single legal cause. Its assessment by reference to the aggregate value of those claims. Their arising from different causes. Assessment of fees by refePleadings — Part Three · Source page
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