High Court Clarifies “Practical Benefit” Test In Aviation Enforcement Case

The High Court has delivered an important decision on the circumstances in which a foreign judgment creditor may invoke the Irish courts to recognise and enforce an overseas judgment.

In FW Aviation (Holdings) 1 Limited v VietJet Joint Stock Aviation Company [2026] IEHC 459, Mr Justice Mulcahy held that FW Aviation (“FWA”), part of FitzWalter Capital’s aviation investment platform, had demonstrated a sufficient prospect of obtaining a practical benefit from Irish recognition proceedings, notwithstanding disputes concerning the nature and value of assets said to exist in Ireland.

The decision will be of particular interest to aviation industry participants because the Court considered whether rights arising under common aircraft leasing arrangements, including maintenance reserve reimbursement rights, lease deposit repayment rights and interests in Irish aviation structures, could constitute assets for the purposes of the jurisdictional analysis.