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. He has previously taught at University of Limerick.  


Research Overview


Financial law
- regulation of technological innovations in finance (FinTech)
- Irish and European financial law and regulation
- legal issues arising from non-performing loans
 
Corporate law
- company insolvency and rescue
- suitability and efficacy of existing legal processes for small- and medium-sized enterprises

Jonathan is glad to supervise postgraduate research on related topics.


Publications and peer-reviewed journal articles

2023

'The Evolving Sandbox Approach in the EU's Regulation of Financial Technology' (forthcoming) Law, Innovation & Technology

Co-authored chapter ('SMEs and European Capital Markets: Understanding the Rationale for Reform') in I. Chiu and I. MacNeil (eds.), Edward Elgar Research Handbook on Global Capital Markets (forthcoming)

Chapter ('SMEs and FinTech in the European Union: How to Balance Innovation and Regulation?') in W. Nelson (ed.), Advances in Business and Management (Volume 20) (Nova Publishers) (forthcoming)

2022

'The Prospect of a Digital Euro: Incentives, Design, and Legal Effects’ (2022) 29(7) Commercial Law Practitioner 135 

'The Regulation of RegTech and SupTech in Finance: Ensuring Consistency in Principle and in Practice' (2022) Journal of Financial Regulation and Compliance

'Cryptocurrencies, Digital Money and Regulatory Damage’ (2022) 37(8) Journal of International Banking Law and Regulation 282

'Distributed Ledger Technology and Financial Market Infrastructures: Proposal for an EU Pilot Regulatory Regime' (2022) 17(3) Capital Markets Law Journal 288

(with Elise Lefeuvre) 'Lessons for a Model of Work-Out Agency in the EU: The Irish Example of NAMA' (2022) 37(5) Journal of International Banking Law and Regulation 177

Book Review (Consumer and SME Credit Law, by Nora Beausang) (2022) 5 Journal of Business Law 454

2021

'Evaluating the EU's Digital Finance Strategy: Ambitious Glimpses of Future Regulation?' (2021) 36(9) Journal of International Banking Law and Regulation 379

Contributed three chapters to M. Donnelly, The Law of Credit and Security (3rd edition) (Thomson Roundhall, 2021)

2020

'FinTech, Digital Finance and the EU's Regulatory Choices' (2020) 35(11) Journal of International Banking Law and Regulation 463

‘European Capital Markets Union: A Revived Project but A Broader Agenda’ (2020) 35(10) Journal of International Banking Law and Regulation 383    

'A Class Apart: The Relevance of the EU Preventive Restructuring Directive for Small and Medium Enterprises' (2020) 21(4) European Business Organization Law Review 895

'Preferential Creditor Status in Irish Corporate Insolvency Law: A Need for More Priorities?' (2020) 4 Irish Judicial Studies Journal 62 

2019
 
'What Happens Next? The EU's Efforts in Regulating the Growth of Fintech' (2019) 34(11) 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) 16(6) International Corporate Rescue 356

'FinTech: The Legal and Regulatory Significance for Irish Banking' (2019) 26(8) Commercial Law Practitioner 137

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

'Challenges in Finding the ‘Right’ Approach to SME Rescue: The Example of Reforms to the Irish Examinership Process’ (2019) 32(2) Insolvency Intelligence 43

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‘The Credit Guarantee Scheme: An Analysis of Recent Reforms and of its Performance to Date’ (2017) 24(9) Commercial Law Practitioner 183

'A Review of the Credit Guarantee Scheme’ (2013) 20(8) Commercial Law Practitioner 170



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. 


Teaching

University College Cork (2019- ): Company Law (LW3300, LW3311), Introduction to the Legal System (LW1108), Introduction to Business Law (LW1109), Contemporary Issues in Corporate Law (LW3347), Business Law (LW6503), FinTech: Law and Regulation (LW6639).

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.



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School of Law

Scoil an Dlí

Room 1.63, Aras na Laoi, T12 T656

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