BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
from the courts of England and Wales and from those of certain Commonwealth countries. Outside the pro- visions of that legislation, certain money judgments of a similar nature may be enforced in Belize by com- mencing suit de novo upon the judgment as a bare contract debt. Although more onerous than the simplified process of registration, such suits may also prove relatively sim- plified in appropriate cases. For instance, a claimant may proceed straight to obtaining summary judgment in such an action where the matter is undefended in the Belize court or where, doing their best, the defend- ant is only able to produce a weak defence. Belize has a tiered hierarchical court system, and liti- gants may appeal the decisions of lower courts to the next highest court in the hierarchy. The highest and final appellate court is the Caribbean Court of Justice. Interestingly, that court also serves the dual purpose of being the court of original jurisdiction for matters arising under the Treaty of Chaguaramas constitut- ing the Caribbean Community Regional Block (CARI- COM), of which Belize is a member. 10.2 Rules Concerning Appeals of Judgments Litigants may appeal either as of right or with the court’s permission. For example, most “final” orders of the High Court are appealable as of right, while the appeal of some “interlocutory” High Court orders requires the prior permission of the court. The circum- stances in which a court will grant an applicant leave to appeal an interlocutory order were set out in Action No 114 of 1988 James Wang v Atlantic Insurance Co Ltd , as follows: • where there is a prima facie case that an error has been made; • where the question is one of general principle, decided for the first time; and • where the question is one of importance upon which further argument and a decision of the Court of Appeal would be to the public advantage. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation
In Civil Appeal No 23 of 28 Belize Telemedia Limited v The Attorney General et al , the Court of Appeal stated additional considerations that arise in appeals from interlocutory orders, including that: • the point may not be of sufficient significance to justify the costs of an appeal; • the procedural consequences of an appeal (eg, loss of trial date) may outweigh the significance of the interlocutory issue; and • it may be more convenient to determine the point at or after the trial – in all such cases, leave to appeal should be refused. Where permission is required, the intended appellant applies first to the High Court (being the trial court or court of first instance). If the High Court refuses that application for permission, the intended appel- lant may then apply directly to the Court of Appeal for permission. 10.3 Procedure for Taking an Appeal A party appealing a High Court decision must file and serve a Notice of Appeal within 21 days of the per- fected order. If alleging a misdirection or error of law, the notice must specify the particulars. The notice must be served on the respondent within seven days of filing, and any cross-appeal must be filed within 14 days of service. Both notices may be amended with the court’s leave. As noted in 10.2 Rules Concerning Appeals of Judgments , certain interlocutory decisions are not appealable as of right and require leave to appeal. Where leave is required, the time for filing the Notice of Appeal beings to runs only after leave has been granted. Under the Court of Appeal Rules, a single judge may handle interim matters such as granting security for costs, leave to appeal in forma pauperis, stays of exe- cution, injunctions or extensions of time. Such orders may later be varied or discharged by the full court. Where approaching the Court of Appeal would cause delay, a High Court judge may exercise the same pow- ers and forward the order to the Registry.
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