Michael is a Jersey Advocate and an English Solicitor with over 30 years’ experience in complex commercial, corporate and trust litigation and advisory work.
Before moving to Jersey in 2005, Michael was a Partner in the London office of international law firm Dechert LLP where he practised in the Litigation and Investigations team focussing on commercial litigation, and regulatory investigations and prosecutions. Prior to joining Ardent in 2021 Michael served as Managing Partner and Head of Dispute Resolution for the Jersey office of offshore law firm Appleby.
Michael advises on a broad range of commercial and trust matters. He has extensive experience before the Jersey Courts and his practice includes regulatory investigations, contentious insolvency, corporate restructuring and asset recovery.
Michael has been described as “an exceptional lawyer” by the Legal 500 and is listed in its Hall of Fame for Offshore Dispute Resolution. Michael has also been ranked as a leader in his field by Chambers & Partners, being described as “courteous, diligent, very effective, razor sharp and very responsive”.
Michael is regularly instructed in contentious and advisory matters on behalf of leading offshore fiduciary services firms, banks and commercial clients. He also frequently receives instructions from international law firms to advise on matters of Jersey law.
Examples of Michael’s work include:
- Trust litigation. Acting in a number of high value breach of trust cases with significant experience of advising trustees and beneficiaries in relation to the operation of trusts and in applications to the Royal Court, including in relation to disclosure of trust documents, momentous decisions, applications under Jersey’s statutory Hastings-Bass regime and applications setting aside transactions on the grounds of mistake. Extensive experience of advising on insolvency issues affecting trusts and trustees having acted for the trustee of an insolvent trust in the Z Trust cases.
- Commercial and Banking. Advising a number of the major offshore banks in relation to breach of mandate claims, investment and mis-selling disputes and regulatory investigations. Fund disputes, including advising managers, senior employees and investors on redemption and investment issues and on leaver provisions.
- Regulatory. Advising individuals and regulated entities in connection with Jersey’s regulatory and data protection regime and representation in investigations by the Jersey Financial Services Commission and the Joint Financial Crimes Unit.
- Employment. Advising on grievance and disciplinary procedures and internal investigations. Advising on the termination of employment. Bringing and defending claims before the Jersey Employment and Discrimination Tribunal.
- Insolvency and Restructuring. Advising office holders and corporate entities on all aspects of corporate insolvency, including applications to the Royal Court for recognition of foreign office holders, applications to wind up companies by the Court under the just and equitable jurisdiction, and representing office holders in claims against directors and third parties. Dealing with the Court aspects of corporate schemes or arrangement and transfer schemes including representing several of the major banks in the Court aspects of transfers of offshore banking business and deposits amounting to several billion pounds.
- Fraud and asset tracing. Advising on and obtaining injunctive relief (including freezing orders) and disclosure in support of asset preservation and recovery. Enforcement of foreign judgments and arbitral awards.
- Commercial and Banking disputes
- Insolvency and Restructuring
- Fraud and asset tracing
“Michael Cushing is always clear, calm and articulate. He possesses great analytical skills and is very easy to work with.”
“Receives rave reviews for this courtroom performances and preparatory work…he is extraordinarily thorough and really knows his case and the best way of presenting it in court’ CHAMBERS & PARTNERS
“A fearless litigator, who gets to the heart of a problem very quickly…hugely impressive” LEGAL 500