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Resorting to the judiciary is an inherent right for every person seeking to protect their rights or ward off harm, guaranteed by local and international laws and conventions. However, this right is not absolute; it is subject to conditions, the most important of which are good faith and the absence of abuse. When this right is misused in a way that causes harm to others, a fundamental question arises: Does the aggrieved party have the right to claim compensation for litigation damages?  

This article discusses the legal framework for compensation for litigation damages, its key conditions, and its applications in Saudi judiciary.  

### *First: What is Compensation for Litigation Damages?*  
It is the financial or moral compensation that the judiciary obligates a party to pay when it is proven that they abused or acted in bad faith in exercising their right to litigation, thereby causing material harm (such as legal fees, court expenses, and business disruptions) or moral harm (such as psychological distress and reputational damage) to the other party.  

### *Second: The Importance and Purpose of Compensation for Litigation Damages*  
1. *Deterring Abuse:* Prevents frivolous or delaying lawsuits without justification.  
2. *Redressing Harm:* Compensates for material losses (e.g., attorney fees) and moral damages (e.g., psychological pressure, reputation).  
3. *Restoring Balance:* Returns the aggrieved party to their pre-damage state.  
4. *Enhancing Trust in the Judiciary:* Ensures real protection of rights and encourages lawful recourse.  
5. *Achieving Legal Justice:* Aligns with the Sharia principle of "no harm nor reciprocation of harm."  

### *Third: The Legal and Sharia Basis for Compensation for Litigation Damages*  
#### *Sharia Basis:*  
A. Based on the jurisprudential rule: "No harm nor reciprocation of harm," which obligates the restoration of rights and deterrence of aggression.  
B. Recognized by major jurists, who held that whoever violates rights or delays without justification must compensate for the harm caused.  
C. Classical jurisprudence states that if a party is proven to have abused litigation, they must compensate the aggrieved party financially and morally, in line with the principle of redressing harm and restoring justice.  

#### *Legal Basis in the Saudi System:*  
A. *Basic Law of Governance (Article 47):* The right to litigation is equally guaranteed for citizens and residents, with procedures defined by law.  
B. *Civil Transactions Law (Article 28):* No liability arises from exercising a right lawfully.  
C. *Civil Transactions Law (Article 29):* Abuse of rights is prohibited.  

An act constitutes abuse of rights in the following cases:  
- If the intent is solely to harm others.  
- If the benefit is disproportionate to the harm caused.  
- If the right is exercised for an unlawful purpose.  

### *Fourth: Conditions for Claiming Compensation for Litigation Damages*  
1. *Proof of the Right in the Original Case:* The claimed right must be clear and undisputed.  
2. *Proof of Abuse or Delay by the Defendant:* Such as filing or prolonging a lawsuit with intent to harm or unjustifiably delaying procedures.  
3. *Actual Harm to the Plaintiff:* Material harm (legal fees, court costs, business losses) or moral harm (psychological distress, reputational damage).  
4. *Direct Causation:* The harm must directly result from the misuse of litigation, not the plaintiff’s personal choices.  
5. *Jurisdiction:* The compensation claim must be filed before the same court that issued the original judgment.  

### *Fifth: Cases Where Compensation is Denied*  
1. If the right in the original case is unproven (disputed).  
2. If no actual harm is proven (e.g., voluntarily incurred attorney fees).  
3. If the right was exercised lawfully (per Article 28 of the Civil Transactions Law).  

### *Sixth: Determining the Value of Compensation for Litigation Damages*  
Based on three main factors:  
A. *Direct Financial Damages:* Legal fees, attorney costs, income losses, or medical expenses.  
B. *Psychological and Moral Damages:* Assessed via medical reports or expert testimonies measuring anxiety, stress, and reputational impact.  
C. *Duration of Litigation:* Longer disputes increase compensation due to prolonged suffering.  

The judge determines the compensation amount, though specialized entities (e.g., the "Kheber" platform) can assist in estimating litigation costs. Either party may challenge the expert’s report if justified.  

### *Seventh: Procedure for Claiming Compensation*  
1. File a separate lawsuit before the court that issued the original judgment.  
2. Submit evidence: Documents proving malicious litigation, breach by the opposing party, invoices for legal fees, or proof of expenses.  
3. Detail the harm’s value and its direct link to the opposing party’s conduct.  

### *Eighth: Time Limit for Filing a Compensation Claim*  
The claim expires five years from the date the aggrieved party becomes aware of the harm. After this period, the right to claim is forfeited.  

### *Ninth: Enforcement of Compensation Judgments*  
Enforcement follows general judicial procedures, carried out by the Execution Court within the jurisdiction of the court that issued the judgment. The court ensures the judgment is final and enforceable, whether it involves financial compensation or other obligations.  

In conclusion, compensation for litigation damages ensures that the judiciary is not exploited as a tool for harming others. Sharia and Saudi law have established robust principles for such compensation, emphasizing clear conditions before imposing liability, thereby safeguarding the right to litigation while preventing abuse