Michael Cushing

Partner | Litigation & Insolvency

 

profile

Michael Cushing is a partner in the Litigation & Insolvency department, specialising in complex commercial and corporate litigation. He advises on a wide range of disputes, in particular trust, insurance-related and matters arising from the sale and purchase of businesses. Michael has considerable experience of regulatory investigations and enquiries, and international asset recovery. He is frequently instructed in contentious matters by leading offshore fiduciary services firms and banks. He also regularly receives instructions from international law firms to advise on matters of Jersey law.

Michael joined Appleby in 2005, becoming a partner in 2008. Prior to that he was a partner in the London office of law firm Dechert, where he specialised in commercial litigation, regulatory investigations and inquiries and anti-trust litigation. 

Chambers Global 2012 praises Michael for his 'ability to see the big picture and provide excellent tactical advice.' He was named as a 'Leader in his Field' by Chambers UK 2012. He was also named as a 'Leader in his Field' by Chambers Europe 2011 and Chambers UK 2011. Chambers described him as 'an astute lawyer and an impressive advocate'. Chambers Global 2011 commented that Michael receives rave reviews for his courtroom performances and preparatory work; 'he is extraordinarily thorough and really knows his case and the best way of presenting it in court'. He has been described as a 'fearless litigator, who gets to the heart of a problem very quickly' in the Legal 500 UK 2011 edition. In addition, Michael was recognised for providing 'thoughtful advice' and was described as 'clever and utterly dependable' in the Legal 500 UK 2010 edition. He was described by the Legal 500 UK 2008 edition as having a 'practical no-nonsense approach to his work, providing clear advice and never losing sight of the commercial realities of business'.

Michael regularly contributes to Appleby’s Resolution newsletter. He has contributed to the International Comparative Guide to Corporate Recovery and Insolvency, and to Wildy’s Cross-Border Cooperation in Offshore Litigation. He is a keen speaker, and has presented on regulatory matters to clients and industry professionals. Michael spoke at the February 2011 OP Conference on Trust Litigation.

He is a member of the Law Society of England and Wales and the Jersey Law Society.


expertise

Some recent examples of work include advising:
  • The institutional trust company in Re Essel and Bruce Trusts [2008] JRC 065, which involved an analysis of the legal principles underlying retirement and appointment of trustees and trustees’ indemnities
  • A corporate trustee in the defence of a multi-million pound claim relating to alleged mismanagement of underlying trust investments
  • A major bank in the defence of breach of mandate proceedings
  • The directors of a distressed property fund on potential claims against former managers and advisors to the fund

teams

  • Arbitration & Mediation
  • Banking Litigation
  • Commercial Dispute Resolution
  • Employment & Immigration
  • Insolvency Litigation

education

University of Sheffield (England)

College of Law (Chester, England)