BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
tion, as affirmed in Belize High Court Claim No 414 of 2021 Lockwood v Christian . Service outside Belize is governed by Part 7 of the Senior Courts (Civil Procedure) Rules, 2025, allowing
in proceedings concerning the estates of deceased persons, trust property or the construction of written instruments. 3.8 Requirements for Cost Estimate There is no requirement for a cost estimate in Belize litigation. However, courts increasingly follow the practice of directing parties to file costs budgets as part of case management.
service abroad without leave if: • the case falls within Rule 7.3;
• service complies with approved methods; and • the claimant files a certificate confirming a valid cause of action and that Belize is the proper forum. If ordinary methods are impracticable, the claimant may seek leave for alternative service supported by affidavit evidence. Claims eligible for foreign service include those involv- ing Belizean contracts, torts, property, companies, trusts, estates, enforceable judgments or interim relief connected to Belize. The court may also authorise service abroad on a necessary or proper party. In exceptional cases, the court may deem alternative service sufficient or may dispense with service entirely where the defendant is aware of the proceedings and A claimant may obtain a judgment in default against a defendant who fails to either acknowledge service of a claim in a timely manner or file and serve a defence. 3.7 Representative or Collective Actions Belize law permits representative actions. The court may appoint one or more persons or a body to repre- sent five or more persons having the same or a simi- lar interest in the proceedings. A representative may be appointed to act on behalf of either claimants or defendants. Where the court appoints a representative, an order of the court binds everyone represented by that party. Such order may not, however, be enforced against a person who is not a party to the proceedings, unless the person wishing to enforce it obtains permission from the court. This facility for the representation of others in proceedings extends to the representation of persons who cannot be ascertained, including those yet to be born. These possibilities arise especially no injustice would result. 3.6 Failure to Respond
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
In appropriate circumstances, Belize’s civil procedure rules allow parties to seek “interim” remedies, which include remedies that could be obtained before a claim was commenced. Interim orders include: • an interim injunction; • an interim declaration; • an order concerning relevant property, including to deal with it or to detain or preserve it; • an order to deliver up goods; Wherever practicable, interim applications are dealt with during a case management conference or pre- trial review. If a party files an application that could have been addressed at those stages, the court may order that party to bear the costs of the application, unless special circumstances justify otherwise. Applications are generally made in writing using Form 6, stating the order sought and the grounds on which it is requested. In urgent matters, the applicant must file a certificate of urgency explaining why an expe- dited hearing is required. Applications are served promptly, with supporting affidavits and any draft orders attached. • a freezing order; • a search order; • an order for interim payment; and • an order for interim costs. A respondent who intends to oppose an application must now file and serve this notice within seven days of being served with the application, succinctly set- ting out the grounds of opposition. If no notice is filed,
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