BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
Filing an appeal does not automatically stay execu- tion; a stay must be specifically granted by the High Court or Court of Appeal upon application. 10.4 Issues Considered by the Appeal Court at an Appeal Appeals are mostly confined to considering matters of law. Appellate courts will generally defer to the deci- sions of lower courts on matters of fact and matters concerning the exercise of a discretionary power by a trial judge, except where those decisions or orders are demonstrably “aberrant”. Appeals under Belize’s appellate system would be most fairly classified as exercises of review, not rehearing. 10.5 Court-Imposed Conditions on Granting an Appeal The court has the power to make various orders on granting an appeal. These include powers to confirm, vary, amend or set aside the order or make any such order as the High Court might have made, or to make any order which ought to have been made, and to make such further or other orders as the case may require. The court may make any order on such terms as it thinks just to ensure the determination on the merits of the real question in controversy between the parties. 10.6 Powers of the Appellate Court After an Appeal Hearing After hearing an appeal, the Court of Appeal has sev- eral options. It may, for example, quash the decision of the lower court and either order a retrial of the matter or substitute its own finding for that of the lower court. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation A client will be responsible for paying their attorney’s charges for handling litigation on the client’s behalf. Between party and party, a court may make an order as to which party is to pay the costs of court proceed- ings. The general rule is that costs follow the event, so an unsuccessful party will generally be ordered to pay the successful party’s costs.
The court also has discretion to make personal cost orders against legal practitioners who cause proce- dural delays or fail to comply with court directions or orders. This is separate from any wasted costs that may also be imposed. Where the court considers making a costs order against someone who is neither a party nor a legal practitioner, procedural fairness requires that the person be given prior notice of the intended order, the reasons for it, and at least 14 days’ notice of the hearing to respond. The court’s power to issue such notice extends internationally, allowing service and participation of persons outside Belize without the need for prior leave. 11.2 Factors Considered When Awarding Costs Generally, costs are awarded to the successful party. In awarding costs, the court must consider a party’s: • conduct before and during the proceedings; • success on particular issues, even if the party has not succeeded in the entire proceedings; • reasonableness in pursuing particular allegations; • reasonableness in raising particular issues; and • conduct in pursuit of the case, allegation or issue. A court may order that the amount of costs is based on the amount prescribed by Belize’s procedural rules, or may direct that the costs be assessed by the court. Cost orders are appealable. 11.3 Interest Awarded on Costs As noted in 9.3 Pre-Judgment and Post-Judgment Interest , interest is usually payable at the rate of 6% on every judgment debt. A judgment debt includes that portion of the debt arising from the order for pay- ment of costs in those proceedings. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country The courts and legal profession increasingly encour- age parties to explore settlement mechanisms that reduce delay, expense and adversarial confronta-
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