No contempt for breaching the spirit of an injunction (FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company)
Dispute Resolution analysis: The Court of Appeal has concluded that contempt applications (whether civil or criminal) cannot be used in response to conduct which does not in itself amount to a breach of a prohibitory injunction, even where it can be alleged that the conduct breached the spirit of the injunction and/or amounted to an attempt to circumvent the restrictions imposed by the injunction. Written by Phillip Patterson, barrister, Gatehouse Chambers.