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Appleby

13-14 ESPLANADE, ST HELIER, JE1 1BD, JERSEY
Tel:
Work 01534 888777
Email:
Web:
www.applebyglobal.com

Michael Cushing

Tel:
Work 01534 818395
Email:
Appleby

Work Department

Dispute resolution (arbitration and mediation; banking litigation; commercial dispute resolution; employment and immigration; insolvency litigation; regulatory advice; fraud and asset tracing; insolvency and restructuring, trust dispute).

Position

Michael Cushing is a Partner in Appleby’s Jersey office and practises in the Dispute Resolution team. He is a Jersey Advocate and an English Solicitor and specialises in complex commercial and corporate litigation.  Michael advises on a wide range of disputes, in particular trust, insurance-related and matters arising from the sale and purchase of businesses. He has considerable experience of acting for trustees in applications before the Royal Court for directions and his practice includes regulatory investigations, contentious insolvency, corporate restructuring, and asset recovery.  He is frequently instructed in contentious matters by leading offshore fiduciary services firms and banks.  Michael also regularly receives instructions from international law firms to advise on matters of Jersey law.

Some recent examples of work include advising: A major bank on the Court aspects of a US$7 billion transfer scheme of its banking and investment business to a branch of the UK plc
acting for a corporate trustee in the defence of a multimillion-pound claim relating to alleged mismanagement of underlying trust investments; a major bank in the defence of breach of mandate proceedings.

Career

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

Member

Law Society of England and Wales (non-practising); Jersey Law Society.

Education

University of Sheffield; College of Law, Chester.


Jersey

Corporate and commercial

Within: Corporate and commercial

The ‘strong and trusted’ team at Appleby ‘continues to be responsive and provide the expertise clients require’ under the leadership of Wendy Benjamin, who has ‘an excellent understanding of commercial law and gives clear and concise guidance’. A team led by Fraser Robertson and Andrew Weaver – who ‘is not afraid to stand firm when needed’ – represented Kennedy-Wilson Europe Real Estate in its $3bn merger with Kennedy-Wilson Holdings, and Sime Darby engaged the group to act as Jersey counsel on its listing on the main market of Bursa Malaysia Securities Berhad. Michael Cushing collaborated with Benjamin to advise a trust company on the insolvency issues arising from the reinstatement of a company following its wrongful summary winding-up, and James Gaudin was supported by ‘excellent’ associate Kevin McQuillan to oversee Lone Star’s acquisition of 14 care homes in the UK as Jersey counsel.

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Dispute resolution

Within: Leading individuals

Michael Cushing - Appleby

Within: Dispute resolution

The ‘top-class’ offering at Appleby is ‘a quality act and fun to work with’. Blue-chip institutions and large corporate entities appoint the group to advise on commercial disputes, fraud and asset tracing matters, and trust litigation. An offshore-based trustee appointed the ‘excellentMichael Cushing to advise on its challenge to a beneficiary’s application to the Royal Court for the disclosure of confidential trust documents, while practice head Fraser Robertson collaborated with counsel Jared Dann to register and enforce an English judgment against an individual. The department also closely collaborates with the corporate team in the context of court-sanctioned bank transfer schemes and disputes arising from insolvency proceedings. Louise Richardson resigned from her partnership position to take up an in-house role at the States of Jersey.

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Private client, trusts and tax

Within: Private client, trusts and tax

The private client lawyers at Appleby ‘are all particularly timely in the delivery of their services and all have a keen technical and business acumen, ensuring their advice is appropriate and cost-effective’. Practice head David Dorgan is praised for his ‘sound knowledge of the law, availability, great communication skills and willingness to go the extra mile’; he recently handled the trust documentation for the establishment of a new charitable structure to hold shares in multiple SPVs on behalf of a commodities company. In other highlights, the group is advising the settlor of a new life income trust established through the relocation of an existing unregulated fund from the Cayman Islands to Jersey on discretionary capital and protector provisions. For contentious work, clients can rely on Michael Cushing, who acts as managing partner of the Jersey office, and dispute resolution practice head Fraser Robertson.

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Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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