Research Profile

Jonathan McCarthy

Biography

Jonathan is a BCL and LLM graduate of University College Cork, and was conferred with his PhD degree at UCC in 2018. Jonathan's research interests are primarily in financial law, corporate law and commercial law. During the 2018/19 academic year, he taught at University of Limerick.


Research Overview


Financial law
- Irish financial law and regulation, before and after the economic crisis
- harmonisation of European banking regulation
- legal issues arising from non-performing loans
- regulation of technological innovations in finance (Fintech)
 
Corporate law
- company insolvency and rescue
- suitability and efficacy of existing legal processes for small- and medium-sized enterprises


Doctoral thesis: 'An analysis of the implications of the law of company rescue for small and medium sized enterprises in Ireland'
 
The research involved numerous interviews with representatives of business organisations and leading insolvency practitioners. The thesis advanced an empirically-based argument for alternative procedures of SME company rescue under Irish law. The research was funded through an Irish Research Council Government of Ireland Postgraduate Scholarship. The initial stages of the research were funded through the award of the Ronan Daly Jermyn Scholarship. 


Publications

Currently co-authoring with Professor Mary Donnelly, The Law of Credit and Security (3rd edition) (Round Hall)
 
'What Happens Next? The EU's Efforts in Regulating the Growth of Fintech' (2019) 34 Journal of International Banking Law and Regulation 404 

'Something Old, Something New? The Potential Impact of the EU Preventive Restructuring Directive through an Irish Case Study'  (2019) International Corporate Rescue [in press]

'A Class Apart: The Relevance of the EU Preventive Restructuring Directive for Small and Medium Enterprises' [accepted for publication] European Business Organization Law Review

'Preferential Creditor Status in Irish Corporate Insolvency Law: A Need for More Priorities?' [accepted for publication] Irish Judicial Studies Journal 

'FinTech: The Legal and Regulatory Significance for Irish Banking' (2019) 26 Commercial Law Practitioner 137

'Challenges in Finding the ‘Right’ Approach to SME Rescue: The Example of Reforms to the Irish Examinership Process’ (2019) 32 Insolvency Intelligence 43

‘The Credit Guarantee Scheme: An Analysis of Recent Reforms and of its Performance to Date’ (2017) 24 Commercial Law Practitioner 183

'A Review of the Credit Guarantee Scheme’ (2013) 20 Commercial Law Practitioner 170


Blog post: 'Enhancing Regulatory Powers to Tackle White Collar Crime’ (April 2019) – Criminal Justice in Ireland blog: https://criminaljusticeinireland.wordpress.com/



Teaching

University College Cork (2019- ): Company Law, Introduction to Business Law.

University of Limerick (2018-19): Contract Law, Advanced Lawyering, Introduction to Criminal Justice.

University College Cork (2015-18): Banking Law, English Land Law, Contract Law, Property Law.



Contact details

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School of Law

Scoil an Dlí

Room 1.63, Aras na Laoi, T12 T656

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