Defense Memorandum in a False Report Compensation Claim in Kuwait: Key Arguments and Sample Template
By Counselor Ahmed Mohamed Naguib Abdelhadi / November 09, 2026
Defense Memorandum in a False Report Compensation Claim in Kuwait: Key Arguments and Sample Template
A defense memorandum in a false report compensation claim in Kuwait presents the facts and evidence and addresses fault, damage, and causation. It may be submitted by the injured party to support a compensation claim or by the person who made the report to respond to that claim. An acquittal on the original allegation or a decision to close the case does not automatically establish entitlement to compensation.
Preparing the memorandum requires reviewing the report, the reasons for its outcome, and any evidence that the reporting party knowingly made false allegations or abused the right to complain. The arguments should be supported by case documents rather than merely describing the report as malicious.
The Difference Between a Criminal Complaint, a Compensation Claim, and a Defense Memorandum
Understanding these procedures helps identify the appropriate legal route.
Procedure | Purpose | Where It Is Submitted |
|---|---|---|
Criminal complaint concerning a false report | To request an investigation into whether the offense of false reporting has been committed | The competent reporting or investigating authority |
Civil compensation claim | To seek compensation for financial or non-pecuniary damage | The competent civil court |
Defense memorandum | To present arguments and evidence and respond to the opposing party in an existing case | The court hearing the case |
A defense memorandum does not replace the statement of claim that initiates proceedings, and it is not submitted exclusively to a police station.
Compensation also differs from a criminal fine. A fine is a punishment, while compensation is intended to redress harm suffered by the injured party.
Legal Basis for Compensation for a False Report in Kuwait
The general basis of liability for a wrongful act is established by Article 227 of the Kuwaiti Civil Code. Article 231 addresses compensation for non-pecuniary damage, including harm to reputation, honor, and standing, subject to its requirements.
Article 145 of the Penal Code governs the offense of false reporting. Its elements include attributing a punishable act to someone who did not commit it while knowing that the report is untrue.
Establishing this criminal offense must be distinguished from assessing civil liability under the rules applicable to compensation claims.
The effect of a criminal judgment on civil proceedings is addressed under Article 54 of the Kuwaiti Law of Evidence.
Requirements for Claiming Compensation for a False Report
1. Establishing Fault
It is not enough to state that the original report did not result in a conviction. The claimant should identify the specific wrongful conduct and provide evidence supporting it.
Relevant evidence may include:
Messages threatening to fabricate accusations.
Documents contradicting the reporting party’s account that were known to that party.
Significant inconsistencies in the reporting party’s statements.
Evidence indicating that facts were invented or deliberately distorted.
These factors must be assessed together. A previous disagreement between the parties does not, by itself, prove that the report was false.
2. Establishing Damage
The claimant should identify each item of damage rather than request an unexplained lump sum.
Type of Damage | Possible Examples | Supporting Documents |
|---|---|---|
Pecuniary damage | Documented loss of income or legally recoverable expenses directly connected to the incident | Employer statements, income records, and invoices |
Non-pecuniary damage | Psychological distress or harm to reputation and standing | Correspondence, witness evidence, and relevant reports |
The evidence should explain the nature and extent of the harm and its connection to the report.
3. Establishing Causation
The memorandum should explain how the report caused each item of damage claimed.
For example, if compensation is sought for losing a job, it is helpful to provide evidence linking the termination to the report. The fact that the two events occurred around the same time is not, by itself, a complete explanation of causation.
Is an Acquittal or a Decision to Close the Case Enough to Obtain Compensation?
No. The reasons for the judgment or closure decision must be examined.
Insufficient evidence to convict the person reported against does not automatically establish that the reporting party deliberately lied.
The legal effect of an acquittal depends on the matters determined and the reasons supporting the judgment. Article 54 of the Law of Evidence addresses the civil court’s obligation to respect facts necessarily determined by a criminal judgment, with a specific rule concerning an acquittal based on a finding that the act was not attributable to the accused.
A decision to close criminal proceedings does not, by itself, have the binding effect of a judicial judgment before the civil court.
It is also necessary to distinguish between:
A judgment concerning the original accusation.
A judgment concerning the alleged offense of false reporting.
Each decision must be reviewed according to its subject matter, reasoning, and legal effect.
Key Arguments in a False Report Compensation Claim
The memorandum will differ depending on the party it represents.
Issue | Compensation Claimant’s Position | Defendant’s Position |
|---|---|---|
Basis of the report | Evidence that the allegations were false and that the reporting party knew this | Facts and documents that justified reporting at the time |
Previous judgment | Its reasoning and matters necessarily determined | The limits of its binding effect and matters it did not decide |
Damage | Identifying each item of damage and supporting evidence | Challenging whether damage is established and its amount |
Causation | Connecting the damage directly to the report | Identifying another cause of the damage, where applicable |
Relief sought | A reasoned amount supported by documents | Seeking dismissal or disputing the amount based on the evidence |
A common drafting mistake is relying on general statements about good faith or malice without connecting them to specific events or documents.
Documents Needed to Prepare the Memorandum
The supporting file should preferably include:
A copy of the original report and legally accessible statements and investigation records.
The criminal judgment or closure decision and its reasons.
Evidence that the judgment is final, where required.
Messages and correspondence relevant to the truth of the allegation.
Financial records supporting the claimed losses.
Medical records or other evidence supporting the alleged harm.
A timeline connecting the report, subsequent procedures, and the damage.
Documents should be numbered, and the memorandum should identify the relevant passage or information relied upon in each document.
Sample Memorandum in a False Report Compensation Claim
The following template is intended as guidance for a compensation claimant. It must be adapted to the facts, evidence, relief sought, and previous judgments.
Before: […] Court
Circuit: […]
Memorandum of Submissions
Submitted on behalf of:
Mr./Ms. […] — Claimant
Against:
Mr./Ms. […] — Defendant
In Case No. […] of […], listed for hearing on […].
First: Facts
On […], the Defendant filed Report No. […], alleging that the Claimant had committed […].
The proceedings concluded with […], for the reasons stated in Document No. […].
The Claimant submits that the Defendant’s wrongful conduct consisted of […], as supported by Documents Nos. […], and that this conduct caused the damage described below.
Second: Grounds of the Claim
A. Establishing Fault
Document No. […] shows that […], which the Claimant relies on to establish […].
The Claimant does not base the claim merely on the absence of a conviction following the report, but on the specific evidence supporting the Defendant’s wrongful conduct.
B. Establishing Damage and Causation
The Claimant suffered pecuniary damage consisting of […], supported by Document No. […], and non-pecuniary damage consisting of […].
The connection between this damage and the report is demonstrated by […].
C. Effect of the Previous Judgment or Decision
In File No. […], a judgment/decision was issued on […].
Its relevance to the present dispute is […], subject to the scope of its legal effect and without extending beyond the matters it determined.
Third: Relief Sought
The Claimant respectfully requests a judgment ordering the Defendant to pay KWD […] as compensation for the damage described, together with costs and legal fees as awarded by the Court, and [any specific evidentiary request supported by the case documents].
Submitted by: […]
Capacity and signature: […]
Date: […]
If the memorandum is submitted for the Defendant, the facts, arguments, and relief sought must be rewritten to respond to the claim. Merely exchanging the parties’ names is insufficient.
Steps for Preparing and Pursuing a Compensation Claim
The process begins with reviewing the report file and the reasons for its outcome. The next step is to identify the legal basis of the claim, the damage suffered, and the supporting evidence.
After checking jurisdiction and applicable deadlines, the statement of claim is prepared and the required filing, service, and court fee procedures are completed.
During proceedings, memoranda and supporting documents are submitted as directed by the court. The parties may also respond to opposing arguments and make appropriate requests concerning evidence.
A related criminal issue may affect the progress of the civil case and should be assessed according to the circumstances of the file.
Lawyers at Ineqad Law Firm and Legal Consultations
Contact the firm to arrange an appointment and identify the appropriate lawyer for your matter.
The number below is the firm’s central contact number, not an individual lawyer’s personal number.
Lawyer | Ineqad’s central contact number |
|---|---|
Lawyer Fahad Al-Saeed | +965 6666 8811 |
Lawyer Riyad Al-Fadhli | +965 6666 8811 |
Lawyer Ahmed Al-Fadhli | +965 6666 8811 |
Ahmed Mohamed Naguib Abdelhadi | +965 6666 8811 |
Ahmed Salah Al-Serri | +965 6666 8811 |
Frequently Asked Questions
Can I Claim Compensation After an Acquittal?
A claim may be considered, but success requires establishing the basis of liability, damage, and causation. The reasons for the acquittal and its legal effect must also be examined.
How Much Compensation Is Awarded for a False Report in Kuwait?
There is no fixed amount for every case. Compensation is assessed according to the proven damage, the circumstances of the incident, and the evidence submitted.
Should I Submit the Defense Memorandum to the Police?
A memorandum concerning a pending compensation case is submitted to the court hearing that case. A criminal complaint follows the procedures applicable before the competent authorities.
How Can I Prove That a Report Was Malicious?
Through specific evidence of false allegations or abuse, such as correspondence, documents, and material inconsistencies. A prior dispute or an acquittal alone is insufficient.
Legal Consultation on Compensation for a False Report
If a report has caused you harm, or you are facing a compensation claim because of a report you submitted, reviewing the documents can help clarify your legal position and support a memorandum based on clear evidence.
Contact Ineqad Law Firm and Legal Consultations:
Phone and WhatsApp: +965 6666 8811
Website: ineqad.com
Email: info@ineqad.com
This article provides general information. The sample memorandum must be adapted to the legal and factual circumstances of the case.
