BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
born. These possibilities arise especially in pro- ceedings 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.
able grounds for bringing or defending a claim, or where the pleading constitutes an abuse of the court’s process. 4.3 Dispositive Motions Summary judgment and applications to strike out the whole or any part of another’s case are the primary dispositive motions used in the Belize High Court. It is fair to say that a strike-out order is now considered a “nuclear option”. Its use is generally limited to clear cases where a claim is obviously unsustainable or an abuse of process, as highlighted in Claim No 35 of 2020 Woodye et al v Attorney General of Belize. There, Justice James stated that strike-out motions should be reserved for cases that lack merit and where no further investigation will assist the court in reach- ing the correct outcome. In addition, preliminary issues may be decided to dispose of the case or to limit its triable scope. 4.4 Requirements for Interested Parties to Join a Lawsuit Previously, it was not unusual for interested par- ties not named as a claimant or defendant to join a lawsuit as an “interested party”. Belize’s Supreme Court Civil Procedure Rules permit the court to add, remove or substitute a party at the case management conference, upon applica- tion. The court also has the authority to do this of its own initiative. However, this practice is coming under increas- ing scrutiny, primarily because of the manage- ment of additional costs considerations arising from the involvement of an additional party that might have no true lis in the proceedings. In those instances where the participation of an interested party is permitted, provision should be made for a proper delineation of the scope of that party’s involvement and the costs implica- tions thereof.
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, includ- ing to deal with it or to detain or preserve it; • an order to deliver up goods;
• a freezing order; • a search order; • an order for interim payment; and • an order for interim costs. 4.2 Early Judgment Applications
The rules mentioned in 4.1 Interim Applications/ Motions also provide for the summary disposal of proceedings, in whole or in part, by various means. These include the powers of the court to grant summary judgment on any issue or issues, or to strike out the whole or any part of a case. The rules allow for summary judgment on any issue or part of a case where there is no real prospect of success for the opposing party. In addition, a party may apply to strike out the entire claim or defence if it discloses no reason-
150 CHAMBERS.COM
Powered by FlippingBook