A&O Shearman global insights

England and Wales remains one of the world's most sophisticated and frequently used restructuring jurisdictions. Its toolkit, anchored by the scheme of arrangement and the more recently introduced restructuring plan, gives debtors and creditors significant flexibility. But that flexibility comes with complexity, and the courts are increasingly called upon to resolve disputes over valuation evidence, class treatment, and whether a company's approach to different creditor groups is genuinely fair. 

Christopher Poel, senior knowledge lawyer at A&O Shearman, is joined by Philip Wells and Akshita Pandit from A&O Shearman's London Restructuring team. The discussion opens the Restructuring Across Borders series by mapping the English restructuring landscape and examining what distinguishes the scheme of arrangement from the restructuring plan in terms of their structure, requirements, and strategic utility. What are the key procedural and substantive differences between the two tools? Where are the courts currently drawing lines on disputed valuation evidence? And how are recent decisions shaping the way companies approach the treatment of different classes of creditors? 

Restructuring practitioners, distressed investors, and in-house counsel working on or monitoring English restructuring proceedings will leave this episode with a current view of the English toolkit and the areas of developing judicial focus that most affect how these processes are run. 

Restructuring Across Borders maps the restructuring and insolvency landscape across more than 50 jurisdictions worldwide, drawing on the expertise of A&O Shearman's global restructuring group and its partner law firms. Each episode examines the pre-insolvency tools, court-supervised procedures, and emerging developments in a specific jurisdiction, with a focus on the practical implications for debtors, creditors, and cross-border advisers. The series accompanies A&O Shearman's Restructuring Across Borders Toolkit, a free reference resource available at aoshearman.com. 

The journey towards a greener future is powered by innovation, capital and conviction—from utility-scale solar farms and offshore wind to green hydrogen and grid-scale storage. Yet even the most ambitious energy transition projects can falter if tax is treated as an afterthought. 

In this episode, we unpack why tax planning is not just a compliance exercise but a strategic lever that can unlock value, de-risk structures and future‑proof returns across the project lifecycle. 

What incentives are truly moving the needle? Where do funding structures introduce hidden tax and reputational exposures? And how can investors avoid avoidable tax friction at exit?

Moderated by Mitchell Ikoghode, Energy and Infrastructure Partner at A&O Shearman, the discussion brings together a panel of cross‑border tax leaders: Charles Yorke, Tax Partner (UK); Isabelle Panis, Tax Partner (Belgium); and Benjamin Mbana, Tax Director (South Africa). 

Drawing on live mandates across multiple jurisdictions, the panel explores how to maximise new incentives driving energy transition investment, the tax implications of debt and equity funding choices, and why it pays to look beyond construction and operations to address exit‑phase taxes early. They also demystify the complex—and sometimes quirky—tax issues unique to offshore energy, and explain why structures that worked yesterday may no longer be optimal in light of shifting tax policy and ESG expectations.

If tax can make or break a deal, what does “good” look like for developers, sponsors and lenders in 2025 and beyond? How do you balance fiscal incentives with reputational guardrails? And which structural choices best position projects for resilient, ESG‑aligned returns from first close to exit? Tune in for practical insights that sit at the intersection of Tax and ESG—and that can materially influence the bankability of your next energy transition project.

Speakers:

• Mitchell Ikoghode, Energy and Infrastructure Partner, A&O Shearman (Moderator)
• Charles Yorke, Tax Partner, A&O Shearman (United Kingdom)
• Isabelle Panis, Tax Partner, A&O Shearman (Belgium)
• Benjamin Mbana, Tax Director, A&O Shearman (South Africa)