Charles L. A. Wilkin CMG QC
Charles was born and received his early education in St Kitts.
He graduated in law from Pembroke College, Cambridge and holds a Master of Arts degree from that University. He was called to the English Bar at Lincolns Inn in 1971 and shortly thereafter returned to St Kitts where he has practiced law continuously, firstly in partnership with Frederick Kelsick in the firm of Kelsick and Wilkin, and from 1988, as Senior Partner of Kelsick, Wilkin and Ferdinand. He was appointed a Queen’s Counsel in 1998.
Charles has provided public service to his country as Chairman of the Electoral Commission (1988-1996) and he chaired the National Competitiveness Council from 2010 to 2012. He has since 1979 been a director of TDC, a leading public company listed on the Eastern Caribbean Securities Exchange.
Charles was an avid sportsman representing St Kitts at cricket and football and Cambridge University and the Leeward and Windward Islands at cricket. He led his country's local organizing committee for the ICC Cricket World Cup 2007. Charles was honoured in Her Majesty’s 2010 New Years Honours List with the award of CMG, Commander of The Most Distinguished Order of Saint Michael and Saint George.
Charles concentrates his practice in the areas of corporate, commercial and real estate law.
J. Emile Ferdinand QC
Emile was born in St Kitts, where he received his early education.
He holds a Bachelor of Laws degree, with honours, from the University of the West Indies and a Master of Laws degree from the University of Cambridge (Trinity College).
During the course of his education Emile received a number of academic awards, including the 1977 St Kitts and Nevis State Scholarship; a 1979 Mark of Merit at the Faculty of Law, UWI, Cave Hill, Barbados; the 1981-83 Most Outstanding Student Award at the Norman Manley Law School in Jamaica, where he graduated first in his class in 1983, the year of his admission to the Bar in St Kitts and Nevis; a 1985 Commonwealth Scholarship (United Kingdom); and the Lizette Bentwich Prize for good performance in the Master of Laws (LL.M.) examinations at Trinity College, Cambridge University in 1986.
Emile is admitted to practice law in a number of Caribbean jurisdictions. He has worked as a university law tutor, a Crown Counsel in the Chambers of the Attorney General and the DPP and an Acting Judge of the Eastern Caribbean High Court. He has been in private legal practice since 1986 and joined the firm as a partner in 1988. He was appointed a Queen's Counsel in 2012.
Emile has served as President of the St Kitts and Nevis Bar Association, Vice-President of the St Kitts and Nevis Chamber of Industry and Commerce, President of the Rotary Club of St Kitts, and Chairman of the Caribbean’s Council of Legal Education which operates law schools in Trinidad, Jamaica and The Bahamas. From November 2010 until October 2013 he was a member of the Regional Judicial & Legal Services Commission (“CCJ RJLSC”) which appoints judges and other staff to the Caribbean Court of Justice. He was one of two members on the CCJ RJLSC nominated jointly by the Bar or Law Associations of the member states who signed the CCJ Treaty. He is currently, and has been from its inception, the Vice-Chairman of the Disciplinary Committee of the St Kitts & Nevis Bar Association established under the Legal Profession Act.
He has authored articles on “The Supremacy of the Constitution” in The West Indian Law Journal (Vol. 28, No. 1, May 2003) and on “The Enforcement of Foreign Judgments” in Kimes International Law Directory 2000. "The Supremacy of the Constitution" article was later quoted extensively with approval by Prof. Albert Fiadjoe in his textbook "Commonwealth Caribbean Public Law" 3rd ed. 2008.
M. Elizabeth A. Kelsick
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. She remains generally active in the work of the Bar Association.
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 was also certified in 2012 by the Chopra Center in Carlsbad California as an instructor of Primordial Sound Meditation.
Damian E. S. Kelsick
Damian was called to the Bar in 1992.
Damian's areas of practice include Company and Trust Law, Corporate Fraud, and Commercial Litigation.
Cases of interest include:-
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 Civil Appeal No. 10 of 2007 – 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;
Om Prakash v Professional Technologies Ltd.
Jurisdictions where admitted to Practice
Damian is also called to the bars of Anguilla and St. Vincent and the Grenadines.
He has served as Vice-President of the Bar Association and a Director of the Social Security Board and the St Kitts Tourism Authority.
Garth L. Wilkin
Garth was born in St Kitts, but received his early education in Antigua, Barbados and St Kitts. He is admitted to practice in St Kitts & Nevis, Anguilla and Antigua & Barbuda and is mainly a civil litigator. His areas of expertise include General Commercial Litigation, Banking, Insurance, Construction Litigation & Arbitration, Injunctive Relief Litigation, Employment Law and Environmental Law. Garth became a Partner of the firm in January 2017.
Links to some of the civil litigation matters in which Garth has acted:
- Breach of Insurance Contract by Insurance Company | Failure to Compensate Insured Bus Owner against Loss by Fire
- Breach of Construction Contract by Contractor | Contractor Failing to Account to Owner
- Breach of Construction Contract by Owner | Claim for Defective Works
- Breach of Construction Contract | Repudiation & Delay | Quantum Meruit
- Breach of Real Estate Agent Contract | Illegality and Breach of Public Policy | Citizenship by Investment
- Civil Procedure | Striking Out a Purported CPR Rule 9.7 Application
- Civil Procedure | Appointment of a Receiver to Enforce Judgment
- Civil Procedure | Court's Jurisdiction to Vary/Amend an Interlocutory Injunction
- Equity | Applicability of the Doctrine of Proprietary Estoppel
- Environmental Law | Access to Planning Department Register (High Court)
- Environmental Law | Access to Planning Department Register (Court of Appeal)
- Judicial Review | Applicability of Public Authorities Protection Act to Judicial Review Proceedings
- Judicial Review | Planning Permission | Considerations for Leave | Delay
- Judicial Review | Planning Permission | Flawed & Incomplete Environmental Impact Assessment | Delay
Garth holds a Bachelor of Science in Civil Engineering from Virginia Tech in the USA; a Bachelor of Laws from the University of the West Indies, Cave Hill Campus; and a Legal Education Certificate from the Norman Manley Law School. During his time reading Law, Garth received several academic prizes (the Joseph S Archibald QC Prize, the Michael March Memorial Prize, the Hon. Mr Justice Kenneth Smith, OJ Prize and the Chairman’s Prize) and graduated from the Norman Manley Law School as a member of the Principal’s Roll of Honour. He was also an avid mooter in University and Law School, having represented UWI at the Philip C. Jessup International Law Moot Court Competition in Washington DC (2008); and the Norman Manley Law School at the prestigious Margaret Forte Memorial Inter-Schools Mooting Competition in Trinidad and The Bahamas (2010). His article entitled: “The Doctrine of Legitimate Expectations: Its Development as a Fetter on Administrative Action in the Commonwealth Caribbean” was published in the UWI Student Law Review (March/April 2008).
During his first three years of practice, Garth simultaneously acted as Crown Counsel Prosecutor in the High Courts of St Kitts, Nevis and Anguilla. He prosecuted in numerous High Court trials of persons indicted for Attempted Murder, Causing Death by Dangerous Driving, Rape, Incest, Unlawful Carnal Knowledge, Indecent Assault, Larceny, Receiving, Counterfeit USD Currency Fraud, Counterfeit US Postal Service Money Order Fraud and Detaining Post Letters. He also advocated in appeals before the Eastern Caribbean Court of Appeal against conviction and sentence related to persons convicted of Armed Robbery, Burglary, Larceny, Possession & Intent to Supply Drugs, Importation and Possession of Firearms & Ammunition, Counterfeit US Postal Service Money Order Fraud, Receiving, Malicious Grievous Bodily Harm and Wounding with Intent.
Garth is the Chairman of Federation Media Group Limited (an independent media company operating as WINNFM 98.9) and is an avid sportsman having represented St Kitts at cricket, Virginia Tech at table tennis and Harrison College at cricket, track and field, tennis and table tennis.