Staff profile

Dr Jennifer Gant


Lecturer in Law

Subject

Law

College

College of Business, Law and Social Sciences

Department

Derby Law School

ORCiD ID

0000-0002-5789-8742

Campus

One Friar Gate Square, Derby Campus

Email

j.gant@derby.ac.uk

About

I am a legal academic and researcher with interests in insolvency, corporate rescue, employment, legal theory (in particular vulnerability theory), legal history, political science, social policy and judicial culture with a general focus on comparative law methods. I am also a qualified solicitor in England and Wales, currently non-practising, a member of the Derby Law School employability team, and editor of the Derby Law Journal.

Teaching responsibilities

I currently lead the Legal and Business Competence Module for the second year of the LLB which aims to help students develop essential skills as legal practitioners, particularly critical thinking, innovation, entrepreneurialism, problem-solving and critical analysis.

Professional interests

I am significantly involved in the organisation INSOL Europe as a member of their academic board. INSOL Europe brings together insolvency practitioners, academics, and judges from all over Europe. I am also on the board of INSOL Europe's Younger Academics Network of Insolvency Law and often collaborate with other members to publish academic papers as well as organise events such as online coffee chats and a yearly conference in connection with INSOL Europe's annual conference. 

In addition, I am on the board of INSOL International's Early Researcher Academics group. 

Finally, I am one of INSOL Europe's observers for the United Nations Commission on International Trade Law working group focused on insolvency law. 

Research interests

I completed my PhD at Nottingham Law School in 2016 during which I focused on the intersection of employment protection and corporate rescue from a comparative law perspective and within the EU law context, with a particular focus on the evolution and application of the Acquired Rights Directive (often referred to as the Transfer of Undertakings Directive). During my PhD and the years that have followed, I have been published multiple times in a variety of journals and jurisdictions, and have collaborated with some of the most respected and renowned experts in my field. 

Immediately before joining the University of Derby Law School, I worked on a project funded by the EU Commission DG Justice called “Judicial Cooperation Supporting Economic Recovery in Europe” (JCOERE) (2014-2020 - project no 800807). As the post-doctoral researcher, I helped organise and manage the project deliverables, which included two extensive reports made to the European Commission.

Prior to my collaborative work on the JCOERE Project, I have presented at 19 conferences and workshops all over the world (Australia, Denmark, England, France, Germany, Ireland, Hong Kong, Poland, Portugal, the Netherlands, Scotland, Singapore, Turkey and the United States (Chicago, New Orleans, San Francisco) since beginning my PhD in 2012.

Membership of professional bodies

Qualifications

Recent conferences

17.09.2021       INSOL ERA Coffee Chat - Book Launch with Paul Omar for our edited collection by Edward Elgar Publishing: Research Handbook on Corporate Restructuring

29.10.2020       Webinar hosted by the University of Sydney Ross Parsons Centre for Commercial, Corporate and Taxation Law, Australia - “So It’s Just Random Then? Harmonisation of Business Rescue and Judicial Cooperation in the European Union” with three individual presentations by each research member of the UCC Project Team.

29.09.2020       INSOL Europe Judicial Wing Meeting (Virtual): Update on the JCOERE Project presented by the UCC Team including Irene Lynch Fannon and Aoife Finnerty.

 01.09.2020       Society of Legal Scholars Conference (Virtual) - Bespoke “Judicial Cooperation Panel” where each UCC research team member gave a presentation on a specific aspect of the project - “Legal Culture Influencing Mutual Trust and Cooperation between EU Member States and Courts”                 

12.06.2020       YANIL Coffee Chat (Virtual) - “The Lived Experience of Collaboration on a Project”

Recent publications

2022
 
"Optimising fairness in insolvency and restructuring: A spotlight on vulnerable stakeholders" (2022) 31(1) International Insolvency Review 1
 
Book Review: American business bankruptcy: A primer - Stephen Lubben (2022) 31(1) International Insolvency Review

“Floating Charges and Moral Hazard: Searching for Fairness for Involuntary and Vulnerable Stakeholders” in Jonathan Hardman and Alistair MacPherson (eds), The Floating Charge in Scotland: New Perspectives and Current Issues (Edward Elgar Publishing 2022) (forthcoming)

 “The EU Preventive Restructuring Framework: in Extra Time?” (2022) 2021/2-3 Fizetésképtelenségi Jog

 
2021

 

“Harmonising Insolvency Law in the EU: New Thoughts on Old Ideas in the Wake of the COVID-19 Pandemic” (2021) 30(3) International Insolvency Review (with Emilie Ghio, Gert-Jan Boon, David Ehmke, Line Lanjkaer, and Eugenio Vaccari) (to be published in July 2021)

(Edited Book) Research Handbook on Corporate Restructuring (Edward Elgar Publishing 2021) (with Paul J. Omar)

“Employees as Stakeholders in Restructuring and Insolvency: Acquired Rights and Business Transfers” in Jennifer L L Gant and Paul Omar (eds), Research Handbook on Corporate Restructuring (Edward Elgar Publishing 2021)

“The Role of Social Policy in Corporate Rescue and Restructuring: a Messy Business” in Jennifer L L Gant and Paul J Omar (eds), Research Handbook on Corporate Restructuring (Edward Elgar Publishing 2021)

Book Review: European Law Institute (Part I); Bob Wessels, Stephan Madaus, Gert-Jan Boon (Part II) ELI Reporters and Editors, Rescue of Business in Europe: A European Law Institute Instrument (Oxford University Press 2020) 2021 30(2) Banking and Finance Law Review 

Book Review: Horst Eidenmüller, Luca Enriques, Geneviève Helleringer, and Kristin van Zwieten (eds), Covid-19 and Business Law (Beck-Hart-Nomos 2020) (2021) 30(1) IIR 153.

2020

“JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness” (British Association of Comparative Law Blog 2020) <https://british-association-comparative-law.org/blog/> (with Irene Lynch Fannon).

“Britain and Brexit: A Forecast of the Future of Employment Protection during Corporate Insolvency” (2020) 29(1) International Insolvency Review 61.

“Judicial Co-Operation in the European Union: Insolvency and Rescue” (2020) 2 International and Commercial and Company Law Review 65 (with Irene Lynch Fannon and Aoife Finnerty).

“The Logic and Limits of the EU Harmonisation Process in the Wake of COVID-19” (2020) Summer Eurofenix 22 (with Emilie Ghio, David Ehmke, Line Lanjkaer, Eugenio Vaccari, and Gert-Jan Boon.

“JCOERE - Judicial Co-Operation in the European Union: Insolvency and Rescue” Chapter 9 in Jennifer L. L. Gant (ed), Harmonisation of Insolvency and Restructuring Laws in the EU (INSOL Europe 2020) 107-119 (with Irene Lynch Fannon).

“JCOERE Judicial Co-operation Supporting Economic Recovery in Europe: Report 1” available from <https://www.ucc.ie/en/jcoere/research/report1/> with the JCOERE Consortium comprised of researchers from the University College Cork, Università degli Studi di Firenze in Italy, the Universitea Titu Maiorescu in Romania, and INSOL Europe.

“JCOERE Judicial Co-operation Supporting Economic Recovery in Europe: Report 2” available from < JCOERE Judicial Co-operation Supporting Economic Recovery in Europe> with the JCOERE Consortium comprised of researchers from the University College Cork, Università degli Studi di Firenze in Italy, the Universitea Titu Maiorescu in Romania, and INSOL Europe.

Book Review: Jason Chuah and Eugenio Vaccari (eds), Executory Contracts in Insolvency Law: A Global Guide (Edward Elgar 2019) (2020) 29(1) International Insolvency Review 138.

(Edited Book) Harmonisation of Insolvency and Restructuring Laws in the EU (INSOL Europe 2020).

2019

“Moral Hazard, Path Dependency, and Failing Franchisors: Mitigating Franchisee Risk through Participation” (2019) 47(2) Federal Law Review 261 (with Professor Jenny Buchan).

“Restructuring Europe - The EU Preventive Restructuring Framework: a Hole in One?” (2019) 28(2) International Insolvency Review 184 (with David Ehmke, Gert-Jan Boon, Line Langjkaer, and Emilie Ghio (the YANIL Board).

“Judicial Co-Operation in Economic Recovery (JCOERE)” (2019) Winter Eurofenix 28 (with Irene Lynch Fannon).

Book Review: Pre-Insolvency Proceedings: A Normative Framework, Nicolaes Tollenaar (2019) 28(2) IIR 287.

(Edited Book) Party Autonomy and Third-Party Protection in Insolvency Law (INSOL Europe 2019).

2018

“Prophesying Britain’s Future in the Balance of Social Policy and the Rescue Culture – Challenges to Post-Brexit Harmonisation” in Jennifer L L Gant (ed), The Rise of Preventive Restructuring Schemes: Challenges and Opportunities (INSOL Europe 2018) 17-40

(Edited Book) The Rise of Preventive Restructuring Schemes: Challenges and Opportunities (INSOL Europe 2018)

2017

(Monograph) Balancing the Protection of Business and Employment in Insolvency - An Anglo-French Perspective (Eleven International Publishing 2017).

“The Impact of Austerity in the Framework of Corporate Rescue and the Rights of Workers in the EU: A Road to Recovery?” 26 International Insolvency Review 26(2) International Insolvency Review 176 (with Alexandra Kastrinou).

“Constitutions and Crises: Balancing Insolvency and Social Policy through the Lens of Comparative Legal History” in Jennifer L L Gant (ed), Harmonisation of European Insolvency Law (INSOL Europe 2017) 51-70.

(Edited Book), Harmonisation of European Insolvency Law (INSOL Europe 2017).

2016

“Studies in Convergence? Post-Crisis Effects on Corporate Rescue and the Influence of Social Policy: The EU and the USA” (2016) 25(1) International Insolvency Review 72-96.

“Corporate Rescue in the United Kingdom: Ten Years after the Enterprise Act 2002 Reforms” (2016) 23 Australian Insolvency Law Journal 40-61 (with Paul Omar).

“The Cost of Bank Insolvencies: A Socio-Economic Rights Analysis” in R Parry (ed), Banking and Financial Insolvencies: The European Regulatory Framework (INSOL Europe 2016) 123-134.

“Convergence of Social Policy and Labour Regulation: The European Equation” (2016) 4(2) Nottingham Insolvency and Business Law e-Journal 11.

2015

“Path Dependent Obstacles to Cross-Border Insolvency: a Social Darwinian Perspective” (2015) 3(7) Nottingham Insolvency and Business Law e-Journal (Special Edition) 101-134.

“Lender Liability and Fault for Deepening Insolvency: A Comparative Analysis” (2015) 132 South African Law Journal 39-58 (with Paul Omar).

“Establishing Interpretation in the Collective Redundancies Directive” (2015) Summer Eurofenix 24.

“The Road to Recovery: A Comparative Analysis of the Impact of the Financial Crisis on Rights of Workers in Greece, Portugal, France and the United Kingdom and their Insolvency Legal Systems” in R Parry (ed), Designing Insolvency Systems (INSOL Europe 2015) 31-54 (with Alexandra Kastrinou).

 2014

 “Social Policy and Insolvency: Struggles toward Convergence” (2014) 2(4) Nottingham Insolvency and Business Law e-Journal 49.

 “Social Policy and the Reform of the EU Insolvency Regulation” in S Bariatti and P Omar (eds), The Grand Project: Reform of the European Insolvency Regulation (INSOL Europe 2014) 125-138.

 “The Impact of Social Policy on Cross-Border Insolvency” (2014) Autumn Eurofenix 32.

 “Obstacles to Cross-Border Insolvency and Employment Protection Coordination in the European Union” in A Bilal et al (eds), Breaking Boundaries (Nottingham Trent University 2014) 22-26 <http://breakingboundaries2014.blogspot.com/p/publication.html>.