Jonathan D. K. Morgan
Partner
Jonathan Morgan is a Partner in the firm’s Litigation and Alternative Dispute Resolution Department. Admitted in 2014 in both Jamaica and Trinidad and Tobago, he is a business-minded commercial disputes lawyer whose practice is built around high-value contractual, insurance, construction, property, mining, engineering, and financial services litigation. Jonathan also has extensive experience advising on regulatory compliance, shareholder disputes, labour law matters, debt-collection matters, tax-disputes, and enforcement of mortgages, guarantees, debentures, and other security-instruments.
He is typically instructed at the formation of a commercial relationship by clients seeking dispute-avoidance, or where a commercial relationship has broken-down by clients seeking legal protection. Jonathan has acted as lead counsel in litigation at the Supreme Court, Court of Appeal, and Privy Council (UK), and in complex commercial Arbitrations. Notwithstanding deep involvement in court proceedings, Jonathan’s practice prioritizes advising clients on avenues for achieving timely and practical out-of-court resolutions, where appropriate.
Alongside his contentious work, Jonathan drafts and negotiates commercial documentation that underpins large projects and corporate arrangements, including FIDIC-based agreements, shareholders’ agreements, joint venture arrangements, commercial leases, outsourcing and service agreements, and other related instruments. His clients value commercial drafting that is targeted at minimizing legal exposure while achieving their business objectives.
Jonathan also has a substantial labour desk acting for employers on matters that span the full ambit of interpretation and implementation of labour laws and employment policies in Jamaica. He appears in contested dismissal claims before the Industrial Disputes Tribunal, and facilitates the formation and introduction of handbooks, policy manuals, labour tools, and management training that keep employers out of them.
Jonathan’s regulatory work includes guiding companies through matters concerning competition and consumer protection, insurance regulation, utilities regulation, tax regulation, and strata governance. He advises both on where a client’s arrangements sit against the regulatory perimeter and on defending them once a complaint is made. Jonathan’s dedicated tax-desk also covers appeals to the Revenue Court or the Revenue Appeals Division, aimed at minimizing or entirely avoiding unnecessary tax liability.
Jonathan’s clients include multinationals, financial institutions, hotel and resort owners, public sector organisations, developers, manufacturers, energy and fuel marketing companies, contractors, distributors, and outsourcing operators. He is also regularly instructed by overseas counsel on the Jamaican law limb of cross-border disputes and transactions.
Bars / Solicitors' Rolls
Jamaican Bar Association, 2014
Trinidad and Tobago Bar Association, 2014
JBA Labour Committee, 2016
Jamaica Chamber of Commerce, 2017
Education
- Legal Education Certificate, Norman Manley Law School, 2014
- LL.B. (hons), University of the West Indies, 2012
Recent Experience
Advised the owner of a multinational hotel and resort group in a multi-million US dollar insurance dispute, concerning business interruption and material damage claims arising from Hurricane Melissa.
Lead Counsel for a housing developer in Commercial Division proceedings against a design consultancy, seeking dispute resolution in the construction industry.
Advised a fuel marketing company in an investigation by the Fair Trading Commission under the Fair Competition Act concerning contract-pricing, and other fair competition practices.
Lead Counsel in appeals to the Revenue Appeals Division against Income-Tax assessments raised against a commercial business, by Tax Administration Jamaica.
Contract preparation work for a large-scale developer on a multi-phase housing and commercial development, including the FIDIC-based main contractor agreements, a design-and-build agreement, the design consultant and professional service appointments, tender documentation and a site lease.
Lead Counsel in claims and appeals concerning mortgage instruments, instruments of guarantee, debentures and other securities in the Supreme Court and the Court of Appeal.
Lead Counsel in contested dismissal claims, including constructive dismissal and precedent-setting labour disputes, before the Industrial Disputes Tribunal, the Supreme Court and the Court of Appeal.
Negotiated and settled executive separation agreements for employers in regulated industries, including restrictive covenant, resignation and ex gratia terms.
Advised on a cross-border group restructuring involving debt assignment, set-off and consultancy arrangements across several jurisdictions, including the Jamaican withholding tax treatment of cross-border payments.
Designed and delivered employment law workshops, employee handbooks and human resources policy suites for corporate employers.
Publications & Presentations
Whistleblower vs. NDA’s — Paper presented at Seminar on the topic “Is the Whistle-blower Protected Against Non-Disclosure Agreements?” held on December 10, 2019 at the Knutsford Court Hotel, Kingston, Jamaica, in partnership with the Jamaica Chamber of Commerce.
Regular contributor on TVJ’s Smile Jamaica and on CVM’s Sunrise including recent segments on Employment Law, Technology and Artificial Intelligence, Insurance Law, Lending Obligations, Intellectual Property, and Property Disputes.