Belize boasts an overlapping court system for your Attorney. Litigants may appeal the decisions of lower courts to the highest tier court within their hierarchy for review.
Typically, the Court of Appeal will only grant an appeal if a decision or order under appeal can be shown to be demonstrably “aberrant”. Service of process in Belize typically occurs by personal service; however, litigants can seek permission from the court in order to serve via alternative methods.
The Legal System in Belize
The Belizean legal system is founded upon common law and statutes. A freely elected head of government and national legislative representatives establish the policies for their state. The Attorney General serves as chief legal advisor to both bodies while leading the Ministry of Justice. Attorneys practicing in Belize must first be licensed by the Supreme Court of Judicature with all qualifying applicants possessing either a bachelor’s degree in law or another discipline as a prerequisite before being accepted to practice law by passing both a law school course of study and a Bar Examination before beginning practice.
Belizean legal system includes traditional courts as well as arbitration and alternative dispute resolution (ADR) mechanisms, with most disputes having to go through mediation before going to litigation. There is also a system of court-connected arbitration with an arbitration roster already established.
Claimants may obtain a default judgment against defendants who fail to acknowledge service of a claim in a timely manner or file and serve their defense in time. Furthermore, the Supreme Court may approve alternate methods of service such as publishing the claim in a newspaper with sufficient circulation.
Civil damages are compensatory in nature, and claimants can recover for loss or impairment of a property right, physical injury and damages to health. Furthermore, courts may award punitive damages.
Courts may impose monetary fines in cases of fraud, negligence, and breach of trust; assets forfeiture may also occur. Furthermore, the Belizean Constitution mandates that a public prosecutor be appointed by the Supreme Court and funded through an official fund.
Belizean jurists generally remain independent, despite periods of pressure from political and business interests that call for judges to be removed or delayed in delivering judgements. In 2020, however, the new PUP government pledged more resources for the judiciary as well as to deliver judgments within reasonable timelines. Furthermore, traveling clinics provide legal services in remote areas.
Litigation in Belize
Belize boasts an exemplary judiciary with a long tradition of impartial, independent justice. Belizean legal system is founded upon common law with some statutory modifications; generally speaking, the statute of limitations for actions founded in tort or contract is six years; however, there may be longer limitations periods applicable for claims founded upon trust principles, estate proceedings of deceased persons, or adverse possession of real property claims.
Belize does not mandate arbitration, however, the courts encourage settlement of disputes through mediation services facilitated by courts connected to mediation systems with trained mediators on board. Court proceedings typically occur in English although the Supreme Court of Judicature can require the use of Spanish for specific cases.
Belize boasts an array of nongovernmental organizations dedicated to health care, education, and community development; these include trade unions, credit unions, and cooperatives. Furthermore, several government agencies exist within its borders that regulate public utilities, labor relations, and land issues.
Belize judges possess wide discretion in deciding the merits or dismissal of an action, deferring its judgment to allow more thought or gathering evidence, or deferring it altogether for another date if evidence needs gathering time. They can even hold off until after the completion of the trial to decide on an issue or matter.
Personal service is typically used when serving documents to the Supreme Court; however, in certain situations such as when personal service would be impracticable or impossible to achieve, alternative methods such as publishing in an appropriately circulated newspaper may be allowed by the court if demonstrated that such personal service would not have been reasonably achievable.
Appeal rights are reserved for cases that raise substantive legal questions, or where a lower-court judge exercised his/her discretion in an “aberrant” fashion. Appeals may also be taken to the Privy Council in Britain in certain instances.
The Role of Your Attorney in Belize
Belizean attorneys are licensed and regulated by the Belize Bar Association. In order to become members of this bar association, lawyers must possess an academic law degree from either Norman Manley School of Law in Jamaica, Hugh Wooding Law School in Trinidad & Tobago or another British Commonwealth school such as Hugh Wooding Law School – either Norman Manley in Jamaica, Hugh Wooding in Trinidad & Tobago or some similar institution – or an equivalent British Commonwealth institution such as Hugh Wooding Law School (T&T), Hugh Wooding or similar British Commonwealth schools as an entry requirement into this bar association membership. Belize’s law system closely mirrors English common law; both the Chief Justice of the Supreme Court and Director of Public Prosecutions are Guyanese nationals!
Belize courts provide a mechanism through which litigants may appeal decisions of lower courts. In general, the Court of Appeal will set aside any decision of a trial judge which was rendered following unreasonable delay or on improper legal reasoning; however, they will not reverse any finding of fact without sufficient evidence backing up its legitimacy. For all matters before them in Belize courts, the highest court – the Caribbean Court of Justice- acts as the final appellate body.
Belize courts may grant injunctive relief in order to stop someone from violating laws or acting outside of their jurisdiction, including restraining orders, Norwich Pharmacal Disclosure orders, and freezing orders. Ashanti was the first attorney in Belize to invoke the jurisdiction of the Supreme Court for Norwich Pharmacal Disclosure against an International Business Company’s registered agent and has successfully assisted many clients in combating multijurisdictional fraud with these orders.
In the event of a dispute between two parties, mediation services are readily available in most courts. Court-annexed mediation also permits lay parties and lawyers from each side to participate. A mediator will attempt to mediate between both sides and attempt to settle their differences confidentially before returning them for court proceedings if this approach doesn’t succeed.
Engaging a Belizean legal establishment that has extensive experience in your area of litigation is crucial, and making sure they have an impressive clientele history will ensure a satisfactory service experience.
Choosing an Attorney in Belize
Selecting an attorney in Belize isn’t as straightforward as it might initially seem; multiple factors must be considered in order to find the ideal business & commercial lawyer for your case. Before hiring any lawyer in Belize, make sure they possess an accredited university/college law degree as well as being licensed to practice here; additionally, it’s also wise to determine whether they have experience in your specific legal field.
Once you’ve determined that an attorney meets these criteria, it’s time to arrange an interview. When calling their office to arrange your appointment, observe how quickly and courteously your message was responded to – this will provide an indication of how he or she will treat you when hired as your counsel.
At your interview, it is also essential that you pay close attention to how the attorney treats you. Are they friendly and courteous, listening carefully to you as well as explaining the law clearly and simply? If an attorney appears disengaged or rude, perhaps another Belize attorney would be more suitable.
At the Belize Supreme Court, judges typically make decisions quickly; however, in exceptional cases a judge may delay taking an action pending further evidence or consultation with parties involved. On average, claims will spend between nine-18 months before finally being resolved in trial court proceedings.
Belize Supreme Court is rapidly adopting alternative dispute resolution mechanisms as a means of reducing costs, speeding proceedings, and producing quicker results. Parties interested can engage in mediation without penalty and court-annexed mediation is also often used. However, adding parties without their consent into proceedings without reviewing it first has come under increased scrutiny and review before being accepted as participants in proceedings.
