United Kingdom’s High Court has ordered Felipe Massa’s lawsuit to proceed to trial as he seeks justice over his lost 2008 Formula 1 title.
A three-day hearing in October has led to Massa’s claims against the sport regarding the 2008 F1 Drivers’ Championship to proceed to a full-blown trial.
The former Ferrari driver has long claimed that the ‘Crashgate’ controversy was intentionally subdued by former ringmaster Bernie Ecclestone and the FIA.
Back in 2008, the inaugural Singapore Grand Prix saw Renault’s Nelson Piquet Jr. crash into the barriers, bringing out an early Safety Car that eventually meant his team-mate Fernando Alonso took the race win.
It later turned out that the crash was orchestrated intentionally by team insiders, including Flavio Briatore.
A pit-stop gaffe, during the Safety Car period, meant Massa lost out on the win, and lost the title in Brazil to Lewis Hamilton by a single point.
In a 2023 interview, Ecclestone allegedly revealed that he and the then FIA president Max Mosley were aware of the scandal much prior, but avoided an investigation to save the sport’s skin and image.
Justice Jay, who oversaw the proceedings, allowed the case to proceed to trial but on very slim grounds.
The UK High Court has adjudged Massa’s claims for damages to proceed at trial but observed that it will not overturn the results of the 2008 Championship.
“This is an extraordinary victory – an important day for me, for justice, and for everyone passionate about Formula 1,” Massa said.
“The Court acknowledged the strength of our case and did not allow the defendants to smother the truth about 2008. The deliberate crash cost me a world title, and the authorities at the time chose to cover up the facts instead of defending the integrity of the sport.
“They did everything they could to stop the lawsuit, but our fight is for justice, and today we took a decisive step. The truth will prevail at trial. We will investigate everything thoroughly. Every document, every communication, every piece of evidence revealing the conspiracy among the defendants will be presented.
“I am more determined and confident than ever! When the whole truth comes to light, justice will be served – for me, for Brazilians, for the tifosi, for all motorsport fans who deserve an honest sport, and for the very future of F1.”
The FIA stands absolved from Massa 2008 F1 title loss liability
Justice Jay also ruled on Massa’s claims against the FIA. The Brazilian averred the governing body of the sport had failed to follow its own regulations after failing to investigate the scandal.
This breach of duty claim against the FIA was dismissed. Most of Massa’s claims against the FIA were overruled owing to either limitation or being governed solely by the jurisdiction of the French Courts.
“The Court emphasised in its judgment “a number of obstacles” Mr Massa faces on causation (paras. 147-148) – in other words, obstacles in establishing that the alleged conspiracy was the cause of his alleged losses,” read an FIA statement.
“The Court also highlighted “serious doubts” about the breach of duty claim which Mr Massa is directed either to abandon or support with a further French law expert opinion before the Court decides whether to grant permission for it to continue (such continuance only being relevant to the conspiracy claim, as the standalone tort claim is statute barred, as per 2 above) (para. 223).
“The Court has otherwise permitted the unlawful means conspiracy claim against the three Defendants to proceed to a full trial albeit on significantly narrowed grounds and subject to (i) reformulation of the claim by Mr Massa; (ii) the French law expert evidence mentioned above; and (iii) any applications for permission to appeal.”
READ MORE – Felipe Massa makes damning Ferrari claim in F1 Crashgate trial
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