FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2025] EWCA Civ 1458 (14 November 2025)

FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2025] EWCA Civ 1458 (14 November 2025)

An injunction respondent cannot be found in contempt of court for acting contrary to the spirit or purpose of an injunction unless their conduct amounts to an actual breach of the injunction's terms. The law does not recognise contempt based solely on circumvention or frustration of the injunction's purpose without breach.

Citation
[2025] EWCA Civ 1458
Parties
Respondent/claimant: FW Aviation (Holdings) 1 Limited; Appellant/defendant: VietJet Aviation Joint Stock Company
Jurisdiction
England and Wales
Judgment Date
14 November 2025
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Contempt of Court, Injunctions, Interim Relief, Aircraft Leasing, Administration of Justice
Civil Procedure Commercial Law Contempt of Court Injunctions Interim Relief Aircraft Leasing Administration of Justice

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Parties

FW Aviation (Holdings) 1 Limited

Respondent/claimant

VietJet Aviation Joint Stock Company

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether an injunction respondent can be guilty of contempt for acting contrary to the spirit and purpose of an injunction without actually breaching its terms.

Ratio Decidendi

An injunction respondent cannot be found in contempt of court for acting contrary to the spirit or purpose of an injunction unless their conduct amounts to an actual breach of the injunction's terms. The law does not recognise contempt based solely on circumvention or frustration of the injunction's purpose without breach.

Court Disposition

Appeal allowed

Orders

  • Order granting FWA permission to amend the grounds of contempt to add grounds 3(a) and 3(c) is set aside.