The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon


Work 01534 888777

Michael Cushing

Work 01534 818395

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).


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.


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.


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


University of Sheffield; College of Law, Chester.


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.

[back to top]

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.

[back to top]

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.

[back to top]

Back to index

Legal Developments in Jersey

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Modernisation of Jersey’s pensions law

    Modernisation of Jersey’s pensions law
  • Jersey Opens the door to QROP’s

    Jersey opens the door to QROPs
  • Jersey Legislation Overview

    Jersey Legislation Overview
  • Civil Liability for Breaches of the Codes

    Civil Liability for Breaches of the Codes
  • AML Update: Review of 2014 amendments to the substantive offences

    AML Update: Review of 2014 amendments to the substantive offences under the Proceeds of Crime (Jersey) Law 1999 
  • The New Charities Law - a bright new dawn

    As of Friday 21 November 2014, the new Charities (Jersey) Law 2014 (the " Law ") (or at least certain parts of it) came into effect.  This represents a quantum leap forward for Jersey in the charity field.  The Law has introduced a new test for what is charitable (the " Charity Test "), has introduced the post of a Charity Commissioner and a Charity Tribunal, and in time will introduce standards that those who run charities in the Island will have to abide by.  It is hoped that the Law will enable the Island to flourish as a centre for the administration of charitable and philanthropic structures.
  • New Managed Account Regime for Jersey Hedge Fund Managers

    An exemption which will enable Jersey-regulated fund managers to be appointed in relation to managed accounts has now been introduced.  This will enable hedge fund managers that are already regulated under the Financial Services (Jersey) Law (FS Law) in Jersey to carry out fund services business (FSB) to also service qualifying segregated managed accounts (QSMAs) without the need to seek additional regulation for the conduct of investment business under the FS Law.
  • The Security Interests (Jersey) Law 2012: Changes to Jersey's security regime

    On 2 January 2014, the Security Interests (Jersey) Law 2012 came into force in respect of Jersey law security over intangible movable property (e.g. shares/securities, bank accounts and custody assets).  The new law replaces the Security Interests (Jersey) Law 1983 (which was in force for the last three decades) and introduces a number of important changes which modernise Jersey's security regime.
  • Exclusive and Inherent Jurisdictions: to boldly go where no Court has gone before?

    On 26 November 2014, the Privy Council delivered judgment in the long-running case of Crociani & Others v. Crociani & Others [2014] UKPC 40 .  The case is of interest to trustees because it provides conclusive and binding guidance on the treatment of exclusive jurisdiction clauses in trust deeds.  However, it also raises questions as to the fundamental nature of the inherent supervisory jurisdiction of the Royal Court in connection with trust matters, and whether it is in fact broader than previously thought.
  • Accessing EU Institutional investor capital

    Luxembourg is one of the largest global investment fund domiciles, benefiting from the following factors: