Individuals and businesses deal with government at every turn — licences, permits, regulatory approvals, tax assessments, employment within the public service, and countless other decisions taken by ministers, statutory boards and public officials. When those decisions are unlawful, unreasonable or reached unfairly, the law provides a remedy. Elliott-Hamilton Law acts for clients seeking to challenge the exercise of public power, and for public bodies defending their decisions, across Saint Kitts and Nevis, Antigua and Barbuda, Saint Lucia and the wider OECS.
Administrative and constitutional law is where the citizen meets the state. It governs how public authorities must act, the limits of their discretion, and the fundamental rights guaranteed by the Constitution. Our work spans the full range of public law: judicial review applications, constitutional motions, appearances before statutory tribunals, and disputes arising within the civil service.
Why public law matters to our clients
Every week, government agencies and public officials make decisions and regulations that affect the day-to-day activities of the people and companies we serve. Most are routine. Some are not — a permit refused without proper reasons, a regulatory penalty imposed without a fair hearing, a decision that ignores a legitimate expectation, or a rule applied irrationally. Public law asks a narrow but powerful question: not whether the decision was right, but whether it was lawful, fair and within the decision-maker's powers.
We are experienced in bringing and defending judicial review applications and constitutional motions, and we advise clients on the strength of a potential challenge before any proceedings begin — so time and cost are spent only where there is a real prospect of relief.
How we help
Our administrative and constitutional law practice is built around four core areas of service:
Representation before Statutory Tribunals — Advocacy and advisory work before the specialist tribunals and boards that regulate licensing, planning, revenue, employment and professional conduct, where the rules of procedure and the standard of fairness differ from the ordinary courts.
Challenging administrative decisions of tribunals and ministerial appointees — Judicial review of decisions taken by ministers, statutory boards and public officials on grounds including illegality, irrationality, procedural impropriety, breach of legitimate expectation and error of law, together with applications for certiorari, mandamus, prohibition and related relief.
Employment matters within the Civil Service — Public-sector employment disputes, including disciplinary proceedings, terminations, promotions, leave and pension entitlements, and the distinct legal framework that governs the relationship between the state and its employees.
Enforcement of Constitutional Rights — Constitutional motions to vindicate the fundamental rights and freedoms guaranteed under the Constitution, including protection of the law, freedom from discrimination, property rights and the right to a fair hearing.
Our approach
Public law cases turn on procedure as much as principle. Strict time limits apply to judicial review, and the requirement to seek leave, exhaust alternative remedies and act promptly can defeat an otherwise strong claim. We move quickly to preserve a client's position, frame the grounds precisely, and pursue the relief best suited to the outcome the client needs — whether that is quashing a decision, compelling action, or securing a declaration of rights. Where litigation is not the right answer, we say so.
Our services