Kelsick Wilkin & Ferdinand

Elizabeth was born in St. Kitts. She received her primary education in St. Kitts and secondary education in Barbados.

She holds a Bachelor of Arts degree with Distinction in French Language and Literature from Victoria College of The University of Toronto, Ontario, Canada. During the third year of her degree she attended L' Université de Provence in Aix-en-Provence, France as part of a study abroad program offered by the University of Toronto. She taught both French and Spanish at high school in St Kitts before studying law. She also served as President of the Alliance Française in St Kitts from 1998 to 2002.

Elizabeth obtained the Bachelor of Laws degree with Honours from The University of the West Indies in 1984 and the Legal Education Certificate from Norman Manley Law School in Jamaica in 1986. She was called to the Bar in St. Kitts and Nevis in October 1986 when she joined the law firm of Kelsick and Wilkin. She is a founding partner of Kelsick, Wilkin and Ferdinand. She is also called to the Bar in the Anguilla and the Antigua and Barbuda circuits of the Eastern Caribbean Supreme Court.

She is also a Notary Public.

Elizabeth was Secretary/Treasurer of the St Kitts and Nevis Bar Association from 1996 to 2001. In 2002 she was appointed by the Chief Justice of the Eastern Caribbean Supreme Court to chair a National Project Committee for St Kitts on the implementation of civil case management systems and procedures under the new Civil Procedure Rules.

Elizabeth currently concentrates her practice in the areas of banking, real estate, corporate and commercial law and has been involved in large scale hotel property transactions.

Kelsick, Wilkin and Ferdinand is the exclusive member firm for St Kitts and Nevis of Lex Mundi, the world's leading association of independent law firms. Elizabeth Kelsick is the firm's contact person for Lex Mundi and has attended numerous legal conferences and programs throughout the world, including the inaugural Foundation Management Program offered by the Lex Mundi Institute in 2006.

Elizabeth has been a Trustee of the St. Kitts-Nevis Breast Cancer Patients Assistance Fund since the Fund was set up in 2008.

Elizabeth is also a Chopra Center Certified Instructor in both Primordial Sound Meditation and Perfect Health. She has made a presentation on the work-related benefits of a meditation practice at a Lex Mundi Professional Development Roundtable as part of a discussion on Innovation and New Trends in International Professional Development.

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Damian was called to the Bar in 1992.

By Letters Patent dated 19th December 2022, Damian was appointed as one of His Majesty's Counsel.

Damian's areas of practice include Company and Trust Law, Corporate Fraud, and Commercial Litigation.

Cases of interest include:-

Bergan v. Evans [2019] UKPC 33 - relationship between s.163 of the Evidence Act and Part 32 (Experts) of the Civil Procedure Rules. Damian successfully represented the Appellant.

Anne Bass v Director of Physical Planning SKBHCVAP2016/0004 – whether the Public Authorities Protection Act is applicable to judicial review proceedings

Simmonds v Williams (No. 2) 57 WIR 95 – scope of principle of natural justice as it applies to commissions of inquiry

Kingsley Bowman v Hansraj Matadial Claim No. 222 of 1988 (St. Vincent) - (tried in 1996) – dispute arising from sale of land in St. Vincent and the Grenadines;

Emilio Rivera v Quantum Group Limited Civil Appeal No. . 26 of 2003 – liability of bank arising from an international funds transfer;

Chief of Police v Calvin Nias 73 WIR 201 – constitutionality of charge of abusive language;

Jackilyn McGibbon v National General Insurance Corporation Claim No. 48 of 2008 (Anguilla) – liability of insurance company for legal costs under statutory provisions mandating minimum insurance cover;

Rest Haven Ltd v Kishu Chandiramani Civil Appeal No.7 of 2004 – rights of mortgagee to buy in on sale of mortgaged property;

Wycliffe Baird v David Goldgar et al Claim No. 84 of 1993 – purchase of land; specific performance; effect of acquisition by state;

 

Jurisdictions where admitted to Practice

Damian is also called to the bars of Anguilla, Antigua and Barbuda, Grenada, St. Lucia and St. Vincent and the Grenadines

 

Appointments

He has served as Vice-President of the Bar Association and a Director of the Social Security Board and the St Kitts Tourism Authority.

In August 2018 Damian was appointed by the Governor-General of the Federation of St. Kitts & Nevis as Chairman of Integrity Commission under the Integrity in Public Life Act. The Act is intended to make provisions for a Code of Conduct and declarations of interest for public officials; for the offences of abuse of office, misconduct and neglect of duty. The Act also provides for the establishment of the Commission, its powers and functions, and to provide for related or incidental matters. Damian served in that position until May 2019.

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Judicial Appointments

Damian was appointed to act as a High Court Judge in Antigua and Barbuda between May to July 2020.  He was also appointed to act as a High Court Judge in Anguilla in 2021.

Kings Counsel

Damian was appointed as one of His Majesty's Counsel in December 2022.