Courtney A. Bailey
Partner
Courtney is a member of the firm’s Corporate & Commercial Department and has been a Partner at DunnCox since 2006.
In his commercial practice he has been involved in and advised on complex commercial transactions involving loan and security documentation, energy project financing, mergers and acquisitions and corporate financing by Private Placement.
Courtney has practiced extensively in civil litigation with primary experience in commercial litigation. His commercial litigation experience includes acting on behalf of clients in claims in relation to banking and finance, insurance and reinsurance, commercial arbitration, and intellectual property.
He has appeared both as Counsel and as Instructing Attorney instructing Queen’s Counsel in complex litigation matters before the Supreme Court of Judicature of Jamaica and the Court of Appeal of Jamaica. Courtney has also instructed Queen’s Counsel and English Solicitors with respect to matters on appeal from the Court of Appeal (Jamaica) to the Judicial Committee of the Privy Council in the United Kingdom, including preparing submissions to the Privy Council and has appeared before the Privy Council.
Courtney has also appeared in commercial arbitration proceedings and in court-ordered mediations and is a Fellow of the Chartered Institute of Arbitrators. Since 2010 his practice has expanded to include corporate and commercial law.
Bars / Solicitors' Rolls
Jamaican Bar, 1997
Education
Legal Education Certificate, Norman Manley Law School (1997)
LL.B., University of the West Indies (1995)
Recent Experience
- 2022-2023: Acted as lender’s counsel for international and Caribbean commercial bank in US$20 million loan financing construction of a modular logistics complex and warehouse facilities.
- 2022-2023: Acted as external legal counsel for Menzies Aviation Limited, the world’s largest aviation services company, in its acquisition of a majority shareholding in AJAS Limited, a Jamaican company providing ground and cargo handling services at Jamaica’s 2 international airports.
- 2021-2022: Member of DunnCox team acting for a large Jamaican financial conglomerate in a data privacy and protection project involving reviewing existing legal and institutional processes and infrastructure, providing advice and drafting documents and policies to ensure compliance with the Data Protection Act 2020, Jamaica.
- 2021-2022: Acted as local counsel for international development finance institution in US$20 million loan to Jamaican financial institution.
- 2021: Member of DunnCox team acting as local counsel for overseas vessel owner and contractor in Charter Agreement and FSRU Operation and Services Agreement for using floating storage and regasification unit for discharging regasified LNG for delivery by the charterer to offtakers under a Gas Offtake Agreement.
- 2020-2021: Acted as local counsel for international development finance institutions in US$49.6 million loan refinancing and discharge of securities in relation to major renewable energy (solar) project.
- 2020: Acted as local counsel for international development finance institution in US$40.3 million loan refinancing and discharge of securities in relation to major renewable energy (wind) project.
- 2019-2020: Member of legal team acting for Sole Bookrunner and Lead Manager in US$225,000,000 5.75% Senior Secured Notes issued by TransJamaican Highway Limited.
- 2017-2020: Member of team representing the National Water Commission in Public Private Partnership project for the privatization and expansion of the Soapberry Water Treatment Plant.
- 2018: Member of legal team that acted for an international finance institution in the funding of a major renewable energy project in Jamaica.
- 2017-2018: Member of the DunnCox Team representing client in its response to a Request for Qualification (RFQ) issued by the Government of Jamaica in relation to a concession for the operation, management, maintenance, and development of the Norman Manley International Airport.
- 2014-2017: Member of team representing Government of Jamaica in divestment of Caymanas Track, a publicly owned horse racing track. Conducting due diligence, providing advice, negotiating, and drafting transaction documents, including liaising with regulators of the horse racing industry.
- 2015: Member of team representing resort facility as borrower in US$112.4 syndicated loan (syndicate included IIC). Worked with lenders’ and borrower’s US counsel and Attorneys in 5 other jurisdictions in preparing loan transaction documents and giving Jamaican law legal opinion to the lenders.
- 2015: Member of team representing multilateral lending agency in providing financing for renewable energy projects (solar). Worked with New York counsel in preparing legal documents for lenders and giving legal opinion on Jamaican law to the lenders.
- 2015: Member of team acting for purchaser of shares of majority shareholder of an airport. Conducting Jamaica due diligence on existing documentation and regulations governing operation and development of the airport pursuant to a concession agreement. Assisted overseas legal adviser to purchaser in the contract and transaction generally.
- 2014-2015: Member of team representing syndicate multilateral lending agencies in providing financing for renewable energy projects (wind). Worked with New York counsel in preparing legal documents for lenders and giving legal opinion on Jamaican law to the lenders.
- 2014: Member of team that acted as Jamaican counsel to an international bank in a new issuance of notes based on the 2006 Diversified Payment Rights Programme between the International Financial Institution and a local commercial bank. DunnCox reviewed the transaction documents for compliance with local laws and provided a legal opinion on the security documents.
- 2014: Member of team that acted for the issuer in Private Placement of J$500 Million Cumulative Redeemable Preference Shares and the subsequent listing of those shares on the Jamaican Stock Exchange by way of a Listing by Introduction.
- 2012: One of the attorneys representing purchaser of shares in Jamaica’s largest petroleum marketing and retail distribution company.
Publications & Presentations
- Understanding Data Protection Standards, Parts 1-3, published in the Jamaica Gleaner on July 29, August 5 and 12, 2020.
- The Data Protection Act, 2020 – presentation at webinar “Understanding Data Protection Standards and the Rights and Obligations Under the Data Protection Act” hosted by the Montego Bay Chamber of Commerce and Industry and the UWI Mona Western Jamaica Campus – Held July 16, 2020.
- Forget the Transition. Start Adopting Data Protection Standards Now, published in the Financial Gleaner, March 8, 2019.
- The IMF Agreement – The Revenue Administration (Amendment) Act, 2013 – Paper presented at Seminar “The IMF Agreement – Practical Legal Consequences for the Financial Sector” – Held November 13, 2013, Knutsford Court Hotel, Kingston Jamaica
- Arbitration: A Better Alternative to Court, published in the Sunday Gleaner, September 30, 2012
- Professional Negligence – a New Development, published in the Financial Gleaner.
- The Plea of Non-Est Factum, published in the Financial Gleaner.