In what is expected to be a ground-breaking case for the Caribbean, the CCJ is set to hear constitutional arguments from UK-based Queen’s Counsels and Belizean Senior Counsels in a consolidated matter surrounding private entities’ challenge of the Government of Belize on a constitutional change which resulted in the acquisition of private property. Over a three-day period the Court will hear the matters of Dean Boyce & Trustees of the BTL Employees Trust, British Caribbean Bank Ltd and Fortis Energy International (Belize) Inc v The Attorney General of Belize and The Minister of Public Utilities. In that time it will also hear arguments in a cross-appeal brought by the Attorney General and the Minister of Public Utilities against the listed appellants.
In 2009 the Government of Belize passed a number of statutes in which it claimed to compulsorily acquire properties belonging to Dean Boyce and British Caribbean Bank Ltd. Consequently, Boyce and BCB challenged the constitutionality of the government’s actions finding success in the Court of Appeal. Despite receiving a favourable ruling with a declaration that the statutes were unlawful, null and void, Boyce and BCB then appealed to the CCJ on the Court of Appeal’s decision not to grant additional rewards. However, anticipating further related matters, the CCJ placed a hold on those proceedings until the expected matters were before it.
The matters came. In 2011 the Government sought to correct its misstep in the 2009 statutes and passed additional Acts thereby finding favour with the Court of Appeal. Following the decision that the 2011 Acts were valid, Boyce, BCB along with Fortis International lodged the appeals in the CCJ. It is in relation to these matters that the Attorney General then filed a cross-appeal. The public hearing of the appeals is set for Wednesday, December 10 – Friday, December 12, 2014 at the Seat of the Court. The Court will be presided over by the President along with Justices Saunders, Wit, Hayton and Anderson. Lord Peter Goldsmith, PC, QC, Mr Edward Fitzgerald, CBE, QC, Mr Godfrey P. Smith, SC, Mr Eamon Courtenay, SC, Mr Jose Alpuche and Ms Pricilla Banner will appear for Boyce, BCB and Fortis International. Mr Denys Barrow, SC, Mr Nigel Hawke and Ms Naima Barrow will appear for the Attorney General and the Minister of Public Utilities.
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