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Renewable energy award cases at the DC Circuit The DC Circuit is presently considering three high-stakes appeals seeking a determination on whether arbitral awards worth hundreds of millions of euros against Spain can be enforced in the US, a move that could place the US judiciary at odds with European courts. The court of appeals will examine enforceability even though Europe’s highest court has found the arbitration clause in the Energy Charter Treaty to be invalid. The DC Circuit’s ruling will influence not only these awards, but also more than a dozen additional awards against Spain, as well as any other past and potential future arbitral awards granted to EU investors against EU Member States. In these matters, Dutch subsidiaries of US-based NextEra Energy Inc, Luxembourg-based 9REN Holding SARL and Blasket Renewable Investments LLC are urging the appeals court to enforce their awards against Spain, which collectively total about €359.3m (approximately US$394.4m). Blasket received its award by assignment from two Dutch solar energy investors. The awards were rendered after...

In this issue: Advertising, marketing and sponsorship Contracts E-commerce Supply chain LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship CAP and BCAP update guidance on under-18s protection in gambling advertising The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have refreshed their guidance on safeguarding under-18s in gambling and lottery advertising. The revision draws on three years of applying the ‘strong appeal’ test, introduced in 2022 to replace the earlier ‘particular appeal’ benchmark for material likely to draw undue attention from under-18s. Notable changes clarify social media audience thresholds, confirming that a combined total of at least 100,000 follower accounts registered to under-18s across platforms is indicative of strong appeal to minors. A new Context section sets out how appeal can vary with placement and execution, there is added clarity on differentiating ‘adult-centric’ and ‘non-adult-centric’...

High-ranked nations are ageing rapidly compared with lower-ranked ones, research by the International Longevity Centre in London has revealed. The analysis drew on the think tank’s Healthy Ageing and Prevention Index overall, which listed 121 countries in total in 2019 for its comparison. Among them were Switzerland in first place, Iceland in second, and the UK placed 16th in the index. It assessed the dependency ratio, a measure of the percentage of people aged 65 and over relative to working adults aged 15 to 64. A 20% ratio at a state pension age of 65 equates to five workers supporting each retiree in practice. However, projections of 50% by 2050 in some nations indicate there would be just one worker for every retiree by then, the Centre said...

This Practice Note sets out, for calculation purposes, the corporation tax assumptions that must be applied when determining: the assumed taxable total profits and assumed total profits of the CFC the corresponding UK tax within the tax exemption rules, and the creditable tax of the CFC In turn, these assumptions are integral to the operation of the CFC rules and to the calculation of any resulting CFC charge. The corporation tax assumptions For these purposes, the assumptions are grouped into two broad categories: assumptions concerning the CFC itself, and assumptions about the application of the corporation tax rules to the CFC The assumptions are that: the CFC is: resident in the UK not a close company, and not a member of a group or consortium, and the corporation tax rules will apply subject to specific provisions put...

Fossil (UK) Global Services Ltd Fossil (UK) Global Services Ltd sought a Part 26A restructuring plan (RP), with the convening hearing in October 2025 and the sanction hearing following in November 2025. Key points are set out below; unless stated, capitalised terms have the meanings in the sanction judgment. Refer to Re Fossil (UK) Global Services Ltd [2025] EWHC 2741 (Ch) (convening) (not reported by LexisNexis®). This Deal Debrief sits within our Restructuring plans toolkit. For an in‑depth look at data from 2024 RPs and insights from leading figures in restructuring, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024...

A Shari’ah compliant leasing agreement Under Shari’ah, leasing is arranged as an ijarah, which may resemble either an operating lease or a finance lease. The ijarah structure determines how the asset is treated at the close of the rental term and how value is recovered. Operating lease: the asset is handed back to the lessor when the rental period ends (comparable to hiring a car). Finance lease: the total rent payable equals at least 100% of the asset’s full market value and, at expiry, title may transfer to the lessee. For further detail on these lease types, see Practice Notes: Operating leases and Finance leases. In practical terms, arranging a Shari’ah compliant lease involves only limited departures from a conventional lease. As ijarah is used chiefly for Shari’ah compliant asset finance and residential mortgages, structures typically envisage the asset passing to the lessee on maturity, and this Practice Note primarily addresses that model. This Practice Note also proceeds on the...

1 Organising the meeting Send the RTWI invitation to the employee. Add the appointment to both your diary and the employee’s. Reserve a suitable meeting room. Put measures in place to avoid interruptions. 2 Check absence records and complete section A of the RTWI meeting proforma Confirm and record the first day of absence. Verify and note the final day absent. Enter the return-to-work date. Work out the total days absent for this instance. Confirm the firm’s absence reporting procedure was followed. Record certification needs: seven days or fewer—self-certification; eight days or more—GP fitness note provided. Note the stated reason for absence. Record how many occasions of absence there have been in the past 12 months. Record the total number of days absent in the past 12 months. Calculate the 12-month absence percentage: total days absent ÷ total contracted working days × 100. 3 Check contractual...

Definitions Minimum Purchase Commitment • Customer’s duty to purchase the Minimum Quantities or to place Orders meeting a minimum aggregate Price, per clause 1.1; Minimum Quantities • has meaning in [insert schedule]; Order • a written order in the prescribed form or any other agreed written form; Price • sum payable for any Order, excluding packaging, freight, insurance, customs and import/export duties, VAT (or equivalent sales tax), withholding or other tax. 1.1 Subject to clause 1.3, each Contract Year Customer shall purchase the Minimum Quantities or submit Orders totalling at least [insert amount] for Products. 1.2 If the Customer does not meet the Minimum Purchase Commitment in any Contract Year, this is a material breach entitling Supplier to: 1.2.1 terminate this Agreement on not less than [three] months’ written notice; or 1.2.2 appoint others as distributor, agent or buyer and/or supply directly in the Territory; exclusivity restrictions in [refer to clauses] shall not apply; or ...

Much will turn on the exact provisions settled between the parties; for example, whether the essential component of child maintenance was set as a fixed sum with no top‑up payable at the time of the initial order because, at that stage, the payer’s earnings did not cross the relevant threshold. It will also matter whether, when that basic maintenance figure was determined, a 50/50 shared care regime was already in place and operating from the outset. The calculation used in the order appears to mirror the approach endorsed by Mostyn J in CB v KB, particularly at paragraph [49], where he indicated that in any case in which the non‑resident parent’s gross annual income does not exceed £650,000, the starting benchmark should be the output of the formula, disregarding the cap on gross annual income set at £156,000...