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From Delphi: The Bar Association Speaks
posted (July 11, 2011)
In terms of the BTL re-nationalization, it's a done deal, but with the same stately pace of those slow - to - deliver judges they like to criticize, the Bar Association has issued a release on declaratory judgments and enforcement orders. Only problem is we'd like to appeal to a higher court to have the Delphic pronouncement decoded, because the release seems to be neither here nor there, or maybe both, here and there.

If that sounds confusing, it's because the release is. It says, "A declaratory judgment is a pronouncement by the court of what the law is…declaratory judgments bind the parties to the proceedings in which they are made, including government." Good. So, then - by the Bar's reading, government should have been bound by the Court of Appeals judgment without an enforcement order, right?

Well, not so fast. The release then goes on to say: "The full extent and effect of the rights and obligations imposed or conferred by a declaratory judgment, when in dispute are for the courts to determine." This one was in dispute, so then it should have been taken to the courts, then? And then after taking us to law school for dummies, and in so doing oscillating more than a fan on high on a steamy summer day, the release closes by saying, quote "With regard to the disputes arising from the recent Court of Appeals judgment…there are differing opinions on the full extent of the legal rights and obligations conferred by the judgment and we expect that those differences will in due course be resolved in accordance with the law…"

So in the end, what does it all mean? We're not quite sure, and we'd probably have to hire a lawyer to figure it out!

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7 News Belize