BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Belize law recognises most, if not all, forms of relief known to English common law. These include: • orders for the payment of damages; • orders for specific performance; • permanent injunctions; • orders for a party to account; • orders for the delivery of goods or property; • declarations of legal rights and obligations; and • prerogative remedies in judicial review and admin- istrative law claims. 9.2 Rules Regarding Damages Exemplary or aggravated damages are available in special cases, mostly in constitutional or public law claims. In contract, the award of damages where their amount is expressly specified in the contract is sub- ject to the unenforceability of sums found to constitute a penalty. 9.3 Pre-Judgment and Post-Judgment Interest Pre-judgment and post-judgment interest are availa- ble. Pre-judgment interest for the recovery of any debt or damages is discretionary. In contrast, all judgment debts carry interest at the rate of 6% per annum from the time the judgment is entered until it is satisfied, as per Section 176 of the Senior Courts Act, 2022. 9.4 Enforcement Mechanisms of a Domestic Judgment A domestic judgment is enforceable by applying to court for orders for its enforcement, including writs of fieri facias and orders attaching a judgment to the debtor’s property or to any reachable stream of a debtor’s income. 9.5 Enforcement of a Judgment From a Foreign Country A money judgment that is final and conclusive and made upon the merits of the case may be enforced in Belize by a process of registration under the Recipro- cal Enforcement of Judgments Act if it so qualifies. The act applies to qualifying judgments emanating
chance of a judge reserving their decision to a later date. A fair estimate of the time for disposal of an average claim from commencement through to trial in Belize’s High Court would be between nine and 18 months.
8. Settlement 8.1 Court Approval
The settlement of disputes is strongly encouraged by Belize’s court system. Belize’s procedural rules incorporate the use of alternative dispute resolution mechanisms. There is a system of court-connected mediation legally in place, including a roster of quali- fied mediators. Parties are not required to seek the court’s approval of the terms of a settlement except in rare cases, such as those involving a minor or an individual deemed legally not competent because of disability or diminished capacity. 8.2 Settlement of Lawsuits and Confidentiality Parties have the option to keep the settlement of a lawsuit confidential. They may do so, among other ways, by using an appropriate form of Tomlin Order, the effect of which may be to expressly reserve the parties’ ability to apply to court to enforce the terms of their settlement while keeping the terms of settlement confidential until then, if the disclosure of those terms is indeed proved necessary. 8.3 Enforcement of Settlement Agreements A settlement agreement entered into on its own with- out being incorporated into an order of the court is generally enforced by suing upon that agreement for its specific performance and damages, or both. 8.4 Setting Aside Settlement Agreements Settlement agreements may be challenged on normal contractual bases, such as illegality.
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