KCC 1044/2017
This case involved a lawyer who had breached a contract with a client. A key issue was whether it was possible to appeal a disciplinary commission decision.
Background
The office of public prosecution accused a lawyer of failing to commit to his obligations according to the contract signed with a client. The office requested the lawyer's disciplinary commission to punish him accordingly.
The commission acquitted the lawyer.
The office appealed the ruling before the commission. The commission upheld the appealed decision.
The client appealed the ruling before the court of cassation.
The court of cassation considered the issues related to the general order. The court said that Article No. 8 of Kuwait Law No. 40/1972 stipulated that only the ruling issued by the court of appeal could be appealed before the court of cassation. The court said that the client did not have the right to appeal a decision made by the commission according to Article 44 of Kuwait Law No. 42/1964.
Decision
The court dismissed the appeal.