KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
3.7 Representative or Collective Actions In Kuwait, class action lawsuits, where one indi- vidual initiates legal proceeding on behalf of a group of others, are not recognised. However, Kuwaiti civil procedural law does acknowledge the concept of party joinder. Any person with a relevant interest in an ongoing case can become a party to the litigation. This joinder can occur either through the standard procedures for initi- ating a claim before the trial or by making an oral request to the judge during the hearing. Addi- tionally, the judge has the authority to include a party in a case if it is deemed fair or necessary. 3.8 Requirements for Cost Estimate Kuwaiti law does not expressly compel attorneys to give clients an upfront cost estimate of prob- able litigation. However, it is customary for law- yers to go over the prospective costs and fees for legal service before starting a case. Such dia- logue is a part of the client-attorney relationship. The purpose of this conversation is to manage the client’s expectations and ensure transparen- cy about the payment terms, which may include contingency fees, fixed amounts, hourly rates, or a combination of the latter. Interim petitions or motions may be filed in Kuwait before a claim’s trial commences, or final verdict is reached. These interim applica- tions are frequently used in the legal procedure and have several uses. They can pertain to the following matters. • Procedural issues – utilised for case man- agement objectives, such as asking for time extensions, grouping cases, or demand- 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
However, there can be restrictions or regulations in place that limit amendments, or the court’s permission may be required in some cases. It is therefore advisable to request an amendment to the facts, as soon as possible. 3.5 Rules of Service The rules of service are a crucial component of the legal procedures in Kuwait, and their absence would negate a legal claim. The plain- tiff (or his representative) is responsible to ensure the complaint and summons are properly served on the defendant. The standard method of completing service is through personal service, in which a lawyer or court-appointed server personally serves the defendant with the papers. With the court’s approval, alternative measures like registered mail or publication may be utilised if personal service is impossible or has failed. A party may also be sued when outside of Kuwait. In such a case, the plaintiff must use the process indicated in The Hague Service Con- vention, an international convention that permits the service of legal documents between member countries. 3.6 Failure to Respond In Kuwait, when a defendant does not respond to a lawsuit, the plaintiff can request a default judg- ment. The court assesses the plaintiff’s claims and evidence, and if they find merit, a default judgment is issued in their favour. The defend- ant can challenge the judgment by showing spe- cific grounds, like lack of notice, or fraud. If the defendant doesn’t contest the default judgment, the plaintiff can enforce it to recover damages or the other remedies granted by the court.
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