Statutory provisions on jurisdiction and sufficient connection/discretion At the convening hearing, before an English court will consider a Part 26A restructuring plan (RP), it will ascertain whether it has jurisdiction to do so. Part 26A of the Companies Act 2006 (CA 2006) applies to companies liable to be wound up under the Insolvency Act 1986 (IA 1986) (see CA 2006, s 901A(4)(b) and Re Virgin Atlantic applying DAP Holding NV and Re PizzaExpress). ‘Companies liable to be wound up under IA 1986’ is a similar definition to that used for schemes of arrangement, and for both schemes and RPs includes unregistered companies and foreign companies. Additionally where foreign companies are involved and when considering its discretion to sanction an RP, a court will only exercise jurisdiction over a foreign company if it has a sufficient connection with this jurisdiction (see scheme case,  Re Drax Holdings as applied to RPs by Snowden LJ in Re Smile Telecoms Holdings). Note this is a lower test than satisfying a centre of main interests

An engineer responsible for structural matters such as the design of foundations and structural steelwork.

See Concentrative joint venture.

This Practice Note describes the structure and form of a business to business commercial contract or agreement. It outlines the form which commercial agreements generally take and explains what information should be included in the contract document, including in the parties, background (or recitals), main body, schedules and attestation sections. Form of commercial contracts How a contract is formed A contract is a legally binding agreement that grants rights and creates duties between two or more parties. Contract law principles provide that for a contract to exist, four key elements must be present: • offer (see Practice Note: Forming enforceable contracts—offer) • acceptance (see Practice Note: Forming enforceable contracts—acceptance) • consideration (see Practice Note: Forming enforceable contracts—consideration), and • an intention to create legal relations (see Practice Note: Forming enforceable contracts—intention to create legal relations) Simple contracts v deeds Simple contracts may be created orally, by conduct or in writing. Certain types of simple contracts however must be created in writing. For details, see Practice Note: Contracts required to be in writing. Some agreements

The EU’s unique institutional framework The EU is a supranational polity, and is neither a country nor a federation like the United States or an organisation for co-operation between governments, like the United Nations. It is, in fact, unique. Its structure does not fall into any traditional legal category and owes its success to the unusual way it works. The countries that make up the EU, its Member States, remain independent sovereign nations but they pool their sovereignty in order to gain a strength and world influence they would not have on their own. For details, see Practice Note: List of EU Member States and official languages. The EU has an institutional framework aimed at defending its values, objectives and interests, the interests of its citizens and those of its Member States. This framework also contributes to ensuring the coherency, effectiveness and continuity of EU policies and actions. The EU’s core institutional framework consists of seven institutions which represent different interests and have been allocated executive, legislative, judicial and other powers:

Introduction to geothermal energy Geothermal energy is the heat that exists within the sub-surface of the earth. In the context of renewable power projects discussed in this Practice Note, it is the use of geothermal energy for the purposes of electricity generation through various technologies in which geothermal energy is used as a heat source. Geothermal energy for electricity generation can play a crucial role in the energy transition for countries with access to suitable resources in that it provides a solution to the ubiquitous challenge associated with diversification away from conventional power generation and into renewables: namely, how to ensure a sustainable baseload supply in the absence of proven large-scale and long-term battery storage. It also maintains a key advantage over pipeline gas and Liquid Natural Gas (LNG) (another source of baseload generation capacity that plays a role in the energy transition (particularly in developing markets) by virtue of being cleaner than coal) in that it is indigenous and so reduces reliance on and

This Practice Note outlines the common financing solutions for biomass projects and considers the typical project finance structure and documentation in the context of a biomass project. In addition, as third-party lenders are primarily concerned with the ‘bankability’ of a project, it also explores the main risks that third-party lenders should evaluate when financing a biomass project. Introduction What is biomass? Biomass is a generic term for organic material derived from plants or plant derived materials used to produce heat, electricity or transport fuel. More specifically, Forest Research, the research agency of the Forestry Commission (FC) and Great Britain’s principal organisation for forestry and tree-related research, defines biomass as biological material derived from living or recently living organisms, such as wood, crops and biogenic elements of municipal, human and animal waste. For further information on biomass technologies, see Practice Note: Waste to energy—technologies. Note that for the first time in 2024, the International Energy Agency (IEA) has included a chapter on Renewable fuels (which include biomass and biofuels) in its Renewables

Overview Falling rainwater and other water is captured as it moves through the water cycle and exploited for the purposes of generating electricity. This may be achieved using a number of different methods, including by harnessing the power of a river’s natural energy as it descends from higher land elevations down to sea level or by constructing a dam with reservoir, in each case making use of installed turbines and generators as the electricity production mechanisms. As water is not itself a finite global resource, and as it is not exhausted in the process of the energy being generated as the water moves downstream, hydropower constitutes a form of renewable energy. Given the variations in seasonal water flow and availability and topography by geography, however, hydropower can prove challenging as a baseload grid contributor, and will more commonly complement other forms of national renewable energy production as a ‘top-up’ to supply into the grid when such other energy sources are, by reason of intermittency, insufficient to meet grid requirements. History and growth of

Introduction and key benefits of solar As the appetite for renewable energy has grown, solar power projects have become increasingly prevalent. Of the two types of solar projects, photovoltaic (PV) and concentrated solar power (CSP), PV is the most common type. The low installation costs and short build times of solar PV projects have made them an attractive option for investors and sponsors in the energy sector. According to the International Energy Agency in its Electricity 2026 report, between 2026 and 2030, the share of solar PV in total electricity generation will pass 10% in many major economies and reach 20% in some, including China, India and the EU. A few of the key advantages of solar power are worth noting at the outset. These include: • sunlight is an infinite resource that can be reliable as an energy source (depending on the climate of the project’s location) and it does not generate carbon emissions. As many governments across the world increasingly commit to reducing emissions

A Shari’ah compliant leasing agreement takes the form of an ijarah which can either be akin to an operating lease, whereby the asset is returned to the lessor at the end of the rental period (much like hiring a car), or a finance lease, whereby the total rent for the asset equates to at least 100% of its full market value and title to the asset may pass to the lessee at the end of the rental period. For more information on these leases, see Practice Notes: Operating leases and Finance leases. In practice, the leasing of a Shari’ah compliant asset requires only minor deviations from a conventional lease. Since an ijarah is used primarily for Shari’ah compliant asset finance and residential mortgages, it is more common for the financing to be structured so that the asset passes to the lessee on maturity. This Practice Note will principally consider this form of ijarah. This Practice Note also assumes that the asset is in existence at the time of the financing;

Introduction An offshore wind farm is a power plant that contains all the facilities needed to capture wind power, transform it into electricity and supply it to the main electricity network, or a local grid. Offshore wind is becoming an increasingly important source of renewable energy to combat climate change, with the UK and Europe being world leaders in the development of offshore wind farms. While the recent gas shortages and low wind levels in Europe have highlighted the vulnerabilities of depending on offshore wind for energy security, it is undeniable that offshore wind remains a vital, growing part of the global energy mix, especially through rapid growth in China. In recent years, the offshore wind industry has enjoyed a boom in Europe, particularly in the UK, which is now one of the world’s largest offshore wind markets and home to some of the world’s largest operational offshore wind projects. The UK aims to secure 50 GW of offshore wind energy by 2030, 5 GW of which is intended to utilise

Introduction Wind energy has been instrumental in facilitating the transition in energy generation from fossil fuels to renewable sources. Compared to other forms of renewable energy generation, onshore wind is generally low cost and has dramatically reduced in cost over the last ten years, with a recent study from the International Renewable Energy Agency (IRENA) suggesting that the levelised cost of onshore wind electricity generation fell 69% between 2010 and 2022. Furthermore, when compared with offshore wind turbines which must handle higher wind speeds and require underwater installation and maintenance, onshore wind turbines are viewed as relatively ‘low tech’ and simple to install. For these reasons, onshore wind is one of the most widely deployed forms of renewable energy generation, with a mature global market that in 2023 boasted over 940GW of capacity spread across developed and developing countries in five continents. Notably, offshore wind, with a global capacity of only 72GW across three continents, pales in comparison to the more developed onshore