Originally from Attachment of Assets

The law relating to Writs of Attachment is provided for in The Supreme Court of Judicature Act (SCJA) Chapter 82 of the Laws of Belize in an indirect manner and does not cover all of the areas addressed by the questions hereto.

In this connection, reference must be made to sections 17 and 26 of the SCJA.

Section 17 reads: “17.-(1)   There shall be vested in the Court, and it shall have and exercise within Belize, all the jurisdictions, powers and authorities whatever possessed and vested in the High Court of Justice in England.”

“(2)  Subject to the rules of court, the jurisdictions, powers and  authorities  hereby vested in the Court shall be exercised as  nearly as possible in accordance with the law, practice and    procedure for the time being in force in the High Court of      Justice in England.”

Section 26 reads as follows:  “26.-(1) Subject to rules of Court, the Court may grant a mandamus or injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the Court to be just or convenient to do so.”

This has resulted in the use of the provisions of The English Supreme Court Practice referred to as the “White Book” where the laws as set forth in SCJA are not directly addressed.

By virtue of sections 17 and 26 of SCJA the English provisions apply to Belize.  This makes it possible to obtain interim relief where the courts did not have jurisdiction to grant interim relief.  As a result interim relief may now be sought in support of foreign proceedings which have been or about to be instituted.