BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
1. General 1.1 General Characteristics of the Legal System Belize is a former British colony, previously known as British Honduras. Its legal system is based on Eng- lish common law. Belize has a written constitution adopted on 21 September 1981, which includes an extensive bill of rights and also establishes the judi- cial arm of Belize’s government and the Belize High Court. It follows an adversarial model, where opposing parties present their cases before an impartial judge. Proceedings are conducted through a combination of written submissions and oral arguments. 1.2 Court System Belize’s court system is mainly comprised of the fol- lowing four levels, from the top down: • the Caribbean Court of Justice; • the Belize Court of Appeal; • the High Court; and • the Magistrates’ Court. The Belize court system is not organised into special- ised courts by subject matter, although some specific issues such as labour disputes are handled by des- ignated bodies like the Labour Complaints Tribunal. Instead, the courts generally address a wide range of matters across civil, criminal and administrative law. The timeline from commencing proceedings to trial in the Belize High Court can vary significantly depend- ing on several factors, including the complexity of the case, the court’s schedule and the readiness of the parties involved. However, for relatively simple cases with few issues in dispute, it can take six to eight months from the filing of the claim to the start of the trial. This timeline accounts for pre-trial steps like case management conferences, discovery and pre-trial review. Complex cases or heavier court workloads may extend the time to trial significantly. 1.3 Court Filings and Proceedings The High Court accepts the electronic filing of docu- ments in civil proceedings. A document filed in this
manner is deemed to have been filed on the date and at the time when the filing fee is received by the court office and a copy of the document bearing the stamp or seal of the court is transmitted to the filing party. In exceptional circumstances, an emergency application may be filed at any time, but it must be accompanied by a Certificate of Urgency. Except for sensitive matters such as sexual offences, certain family cases and those involving minors, court proceedings are generally open to the public. The High Court may order that the filings, record of proceedings and evidence in certain matters are sealed and kept private upon the application of a party to such actions. Under Section 186 of the Senior Courts Act, 2022, hearings formerly held in chambers may now be con- ducted virtually by videoconference. Court of Appeal hearings are typically remote. High Court trials are generally in person (with video-link testimony allowed). Magistrates’ Court matters are held in person. At the Caribbean Court of Justice, case management may be held virtually, while appeal hearings are usually in person, with accommodations for persons with dis- abilities or special circumstances. 1.4 Legal Representation in Court Rights of audience are enjoyed by attorneys-at-law admitted to practise law in Belize under the Legal Pro- fession Act, 2020 and those appearing as agents of the Belize government, still referred to as the Crown. Foreign lawyers cannot appear in Belizean courts unless they are formally admitted to practise law in Belize, either permanently or on a case-by-case basis.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Belize has not adopted legislation permitting litigation to be funded by third parties. Furthermore, the com- mon law doctrine of champerty makes it unlawful for a third party with no previous interest in a suit to inter- fere in the disputes of others by funding it with a view to profiting from its proceeds. Similarly, the common law doctrine of maintenance prohibits a disinterested third party from meddling in the litigation of others’ disputes by supporting or encouraging it.
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