Felipe Massa’s £64m damages case against Bernie Ecclestone, the FIA and Formula 1 can go to trial, a judge has said.
The case in London’s High Court involves former Formula 1 driver Massa and Lewis Hamilton’s 2008 World Championship winning season.
The Brazilian is claiming damages due to ‘Crashgate’ – involving Nelson Piquet Jr deliberately crashing to aid teammate Fernando Alonso – which he argues lost him the 2008 title.
Massa launched legal action in 2024 against Formula 1, its former chief Ecclestone and the FIA governing body arguing that a timely investigation into the crash could have led to actions being taken that could have handed him the world title.
He has top sports silk Nick De Marco on, instructed by partner Christopher Boyne of Debevoise and Plimpton.
In a written judgment handed down on Thursday, Mr Justice Jay said the case could go ahead despite dismissing part of Massa’s argument.
Massa in court
Mr Justice Jay said that Massa “no real prospect of establishing that the FIA’s duties were owed to him”, but that “he does have a real prospect of proving at trial all the components of his unlawful means conspiracy”.
“The present claim cannot of course rewrite the outcome of the 2008 drivers’ world championship,” Mr Justice Jay added, “but if declaratory relief along the lines sought were granted that is how Mr Massa would present his victory to the world and it is also how it would be perceived by the public.”
John Mehrzad KC, for the FIA, said Massa’s claim is “torturous as it is overly ambitious” and “conspicuously overlooks a catalogue of his own errors”.
David Quest KC, for Mr Ecclestone, said Massa’s claims were “a misguided attempt to reopen the results of the 2008 F1 drivers’ championship”.
Representatives for Formula One Management said in written documents that the claim would ultimately “fail”.