Filipe Massa’s £64m damages claim proceeding to trial represents a risk to Bernie Ecclestone and Formula 1, a top lawyer has warned.
Brazilian Massa’s case against Ecclestone, Formula 1 and motorsport’s governing body the FIA saw a judgment handed down this week at London’s High Court saying parts of the claim can go to trial.
The former racing driver claims the infamous “crashgate” scandal of 2008 involving Renault and Nelson Piquet Jr, and the subsequent events, stopped him from winning a Formula 1 world championship; the 2008 title went to Sir Lewis Hamilton.
Mr Justice Jay said “the present claim cannot of course rewrite the outcome of the 2008 drivers’ world championship”, adding that, “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”.
Massa risk
And barrister Yasin Patel of Church Court Chambers states that the case proceeding to trial, even in part, “presents considerable risk to Ecclestone and the wider Formula One industry”
“Felipe Massa being permitted to proceed to trial on an unlawful means basis is a significant step in his effort to recover losses and challenge the conduct of the FIA, Ecclestone and the other parties involved,” Patel adds.
“He can now argue that the defendants knew of the unlawful acts committed by Piquet and Renault, that they intended for the incident to be minimised, and that each party played a role in ensuring the deliberate crash was concealed in order to reduce reputational harm and financial exposure.
“It is likely that negotiations will take place behind the scenes, as none of the parties will want to proceed to a full trial where the potential losses outweigh any possible benefit.”
Massa described the ruling as “a great day for me, for justice, and for everyone who loves Formula 1“, adding that he believes Crashgate “stole the world championship from me”.