D. Victor C. Elliott-Hamilton

D. Victor C. Elliott-Hamilton is the Managing Partner of Elliott-Hamilton Law. He routinely appears before the Eastern Caribbean Supreme Court in Antigua and Barbuda, Saint Kitts and Nevis and Saint Lucia. He also appears before the Supreme Court of Guyana.
 
 His dispute resolution practice consists primarily of Commercial Litigation, Debt Recovery, Administrative & Constitutional Law, Defamation and Intellectual Property.
 
He regularly advises clients on commercial and corporate matters, in particular, the structuring of family companies, quasi-partnership companies, joint ventures, limited partnerships, raising of debt and equity finance. 
 
 His intellectual property practice consisting primarily trademark registration, copyright licensing contracts and contract work related to the entertainment industry.

Experience:
  • Confidential Client: Advised major European bank on the entry of a Nevis Business Corporation into a USD 15m loan facility secured by a pledge of foreign securities.
  • Confidential Client: Advised a client on a Seed Funding Round for USD500,000.00.
  • Confidential Client: Advised on the formation of a pension plan for a major regional company.
  • Confidential Client: Advised and drafted Copyright Order 2018 for Saint Kitts and Nevis, allowing for the enforceability of foreign copyright in Saint Kitts and Nevis.

Notable Cases:
Seo Hyeon Park v Pelican Bay Ltd SKBHCV2019/0269 (delivered May 31, 2022): Appeared as counsel for the Defendant successfully setting aside a default judgment on the basis that the court office did not have jurisdiction to enter the judgment for the sums claimed by the Claimants.

Jennifer Archibald v St. Kitts-Nevis-Trading and Development Company Ltd SKBHCV2020/0102 (delivered March 10, 2022): Appeared as junior counsel in an occupier's liability claim on behalf of the claimant.

Gregory Gilpin-Payne et al v Stephen First et al SKBHCVAP2019/0028-0033: Appeared as counsel for the Appellant/Applicant. Successfully arguing that subsequent orders and interactions of a judge may be admitted as fresh evidence for the purpose an appeal against the judge to recuse himself.

Ian Patches Liburd v Jermaine Lake et al SKBHCV2020/0109 (delivered September 20, 2022): Appeared as junior counsel on behalf of the Registration Officer in an election petition where the Applicant who was unsuccessful in Saint Kitts and Nevis General Elections.

Wesk Limited v The Saint Christopher Air and Seaports Authority SKBHCV2017/0274 (delivered January 19, 2019): Appeared as junior counsel on behalf of the Applicant, where he successfully argued that proportionality exists as an independent ground of judicial review under the law of the Federation of Saint Christopher and Nevis.

Terrence Holder and Pelagia Holder v The Guyana Trinidad and Mutual Fire Insurance Company: He represented the claimants on a fire insurance claim and obtained judgment. Successfully argued that the appropriate measure of damages under the the fire insurance policy was the cost of repairs despite the policy not explicitly providing for reinstatement. 
Bar Admissions:
Antigua and Barbuda, Guyana, Saint Kitts and Nevis, Saint Lucia
Education:
Bachelor of Laws (LL.B) (Hons.), University of the West Indies Cave Hill Legal Education Certificate (LEC), Hugh Wooding Law School
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