Felipe Massa discovers judge’s key ruling over F1 2008 lawsuit

Felipe Massa’s lawsuit claim over the 2008 F1 world championship can proceed to trial, a high court judge has ruled.

The verdict marks a boost for former Ferrari driver Massa, who is seeking £64m in damages from former F1 boss Bernie Ecclestone, Formula One Management and governing body the FIA.

Massa, 44, argues that F1’s failure to investigate the ‘Crashgate’ scandal at the 2008 Singapore Grand Prix sooner denied him the title, which was won by Lewis Hamilton for McLaren.

The Brazilian was leading the race when Renault driver Nelson Piquet Jr crashed deliberately to trigger a Safety Car which helped teammate Fernando Alonso win the race.

Massa pitted during the Safety Car but Ferrari botched the stop, resulting in their lead driver finishing outside of the points. He went on to lose the world championship to Hamilton by a single point at the final round in Brazil.

The conspiracy only emerged in 2009 but Massa has accused Ecclestone and the FIA of concealing the race-fixing to protect F1’s image.

The defendants have argued that the claim had been brought too late and asked the court in London to throw out the case.

On Thursday, Mr Justice Jay said in a written judgement that the case could go ahead.

“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.”

What happens if Massa succeeds?

The judge said that Massa had “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”.

Mr Justice Jay added: “The same analysis applies to the inducement claim.”

While Massa could succeed in being awarded damages, the results of the 2008 world championship cannot be overturned.

“The present claim cannot, of course, rewrite the outcome of the 2008 drivers’ world championship, 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,” Mr Justice Jay said.

“The second declaration is in the terms that were it not for the FIA’s breaches of duty, Mr Massa would have won the championship: in other words, that he should have won the championship. The FIA, as an international sporting body outside the reach of this court, could and would simply ignore any such declaration.

“That underscores its lack of practical utility, but the declaration comes too close in my view to impinging on the right of the FIA to govern its own affairs.”