KUWAIT Law and Practice Contributed by: Dr Fawaz Alkhateeb, Taher Group Law Firm Co
• Cause of event – the appellant has a short window of time after the verdict is rendered to determine whether to file an appeal, based on an acceptable ground, such as procedural irregularities, or legal errors. • Review by appellate court – the appellate court reviews the appeal application and the lower court’s judgment. • Appellate court decision – the timeframe for a decision can range from a few months (for simple cases) to many years (for complex claims). • Seeking leave to appeal to the Cassation Court – the appellant must apply for a leave to appeal, in order for the case to proceed to the Court of Cassation. It is not uncommon for leave to be denied or to be withheld for over a year or two, especially for legacy cases that predate the case management system. 10.4 Issues Considered by the Appeal Court at an Appeal In Kuwait, when reviewing an appeal, the appeal court primarily assesses whether the lower court correctly applied the law and legal procedures. This involves checking for legal errors, proce- dural irregularities, factual errors, adherence to legal procedure, and considering new legal argu- ments, while generally not allowing new factual evidence introduced during the appeal. 10.5 Court-Imposed Conditions on Granting an Appeal In certain circumstances, the court in Kuwait may impose conditions on granting an appeal. Compliance with these conditions is usually required for the appeal to be heard. The condi- tions include the following. • Deposit requirement – requiring a financial deposit for court costs and potential compen- sation.
• Timely filing – setting a deadline for filing the appeal after the lower court’s decision. • Grounds for appeal – requiring valid grounds like legal errors, procedural irregularities, or factual errors. • Fees – mandating payment of appeal fees and expenses. • Compliance with court orders – requiring compliance with lower court orders. 10.6 Powers of the Appellate Court After an Appeal Hearing After hearing an appeal, the Kuwaiti appellate court has a number of powers and options at its disposal. The appellate court’s powers are used to ensure that justice is served, legal errors are corrected, and the law is correctly applied. The appellate court’s specific actions are determined by the facts of each case and the issues raised in the appeal. The appellate court’s decision is often final, and it can: • uphold a lower court’s decision – confirm the correctness of the lower court’s decision; • modify the judgment – make changes to the lower court’s judgment to rectify errors; • issue a new judgment – provide a completely new judgment if modifications are insufficient; • reverse the judgment – reverse the lower court’s judgment when significant legal errors occurred; • order a retrial – order a retrial at the lower court in exceptional cases with significant flaws; • legal issue clarification – clarify legal princi- ples with broader implications; or • establish legal precedents – set legal prec- edents for future cases with similar legal issues.
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