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Feb 27, 2017

Both Sides Prepare for Further Court Battles

Eamon Courtenay

As previously reported, Caribbean Investment Holdings Limited has filed a Constitutional claim challenging the validity of the Central Bank (International Immunities) Act and the Crown Proceedings (Amendment) Act. Those matters are coming up in March. As for the arbitration award for Belize Social Development Limited, which are the former shareholders of Belize Telemedia Limited seeking compensation for the original purchase of shares in Belize Telecommunications Limited, that matter appears to have stalled. In the case of the Constitutional claim, Senior Counsel Denys Barrow indicated that with his pending appointment to the Caribbean Court of Justice, he may not be able to take on a claim that is likely headed there in the near future.


Eamon Courtenay, Attorney

“I have to be careful because I’m not in charge of the specific litigation; I don’t know where things are at the latest, the current state; but the long and short of it is that, as you say, the injunction is not against B.S.D.L. and I am not representing BSDL in the U.S. so I really don’t know what’s their position on that. The situation would be the same; if they were to move, the foreign reserves are not attachable and they would have to find something else. We have first-date hearings for those – I don’t remember the dates off-hand – but they are not too far; they are in March, and we will proceed with those, when they come up.”


Denys Barrow


“Is it a matter – you have a pending appointment; is it a matter that you see that you may be required or enlisted to take up the constitutionality of the law protecting Belize’s assets and reserves?”


Denys Barrow, Attorney

“I doubt it. I hold open the possibility but strategically, it would not be desirable for me, given that I am leaving, to take on any new matters; so I expect the Government will obtain adequate legal representation to take on that matter.”

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