Courtney A. Bailey
Courtney Bailey has practised 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. 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.
Courtney Bailey is a member of the firm’s Corporate & Commercial Department and has been a partner since 2006.
In his commercial practice he has been involved in and advised on complex commercial transactions involving loan and security documentation, the acquisition of local companies by foreign entities and corporate financing by Private Placement.
Courtney is a former Associate Tutor in Civil Procedure and Practice at the Norman Manley Law School.
Jamaican Bar, 1997
Legal Education Certificate, Norman Manley Law School (1997)
LL.B., University of the West Indies (1995)
- 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.
- 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, April 8, 2005
- The Plea of Non Est Factum, published in the Financial Gleaner