BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
more complex a matter, the greater the chance of a judge reserving their decision to a later date. A fair estimate of the time for disposal of an aver- age claim from commencement through to trial in Belize’s High Court would be between nine and 18 months.
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. 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 administrative law claims. 9.2 Rules Regarding Damages Exemplary or aggravated damages are available in special cases, mostly in constitutional or pub- lic law claims. In contract, the award of dam- ages where their amount is expressly specified in the contract is subject 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 available. Pre-judgment interest for the recovery of any debt or damages is discretionary. In con- trast, all judgment debts carry interest at the rate of 6% per annum from the time the judgment is
8. Settlement 8.1 Court Approval
The settlement of disputes is strongly encour- aged by Belize’s court system. Belize’s proce- dural rules incorporate the use of alternative dis- pute resolution mechanisms. There is a system of court-connected mediation legally in place, including a roster of qualified 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 dis- ability 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 confiden- tial 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 without being incorporated into an order of the court is generally enforced by suing upon that
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