The FIA has issued a statement after Felipe Massa learnt he is able to take his case over 'Crashgate' to a full trial, after a High Court hearing.
Last month at London's Royal Courts of Justice, Massa's legal team argued that he should be able to take F1, the FIA and then-F1 CEO Bernie Ecclestone to trial over allegations of a breach of contract and conspiracy over claims Ecclestone knew during the 2008 season that Nelson Piquet Jr had crashed deliberately during the 2008 Singapore GP, but elected to cover it up to avoid a scandal.
Massa was seeking damages of around £64 million for loss of earnings as a world champion, but not seeking to overturn Lewis Hamilton's championship - something Mr Justice Jay confirmed was not possible in his findings.
Mr Justice Jay dismissed Massa's claims of a breach of contract by the FIA of failing to investigate Crashgate properly, with the World Motor Sport Council doing so in 2009 after Piquet agreed to testify.
The judge did allow the case to proceed to trial on the charge of conspiracy against Ecclestone, as he explained how the normal time-barred limits did not apply as Massa only became aware of Ecclestone's knowledge that he knew during 2008, coming from a 2023 interview. As such, the six-year period covering time limits began in March 2023.
However, Mr Justice Jay did warn Massa that proceeding to a full trial of the High Court would "not be plain sailing."
After the verdict, the FIA issued the following statement, available below.
Mr Justice Jay's full verdict is available by clicking the link.
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FIA statement in full
The FIA is represented by John Mehrzad KC instructed by Imogen Mitchell-Webb, Partner and Head of Sports, and Jennette Newman, Partner and Head of London office, of Horwich Farrelly Limited.
The Honourable Mr Justice Jay has this morning handed down judgment in the Defendants’ High Court application for strike out and summary judgment in Felipe Massa v. (1) Formula One Management Limited (2) Bernard Charles Ecclestone (3) Fédération Internationale de l’Automobile [2025] EWHC 3064 (KB).
In the judgment, the Court dismisses the following claims against the FIA:
1. Mr Massa’s breach of contract claim, which was based on the allegation that the FIA’s failure to investigate the Crashgate incident in 2008 was a breach of its regulations. This was dismissed on the basis that there was no real prospect of success, and because it is statute-barred.
2. Mr Massa’s tort claim against the FIA, which was based on the same allegation as above, but asserting that this was also a breach of duty, was dismissed on the basis it was statute-barred.
3. Mr Massa’s claim for declarations that (i) the FIA acted in breach of its own regulations in allegedly failing to investigate the circumstances of Crashgate promptly in 2008; and (ii) had the FIA not breached its regulations, Mr Massa would have won the F1 Drivers’ Championship in 2008. These claims were dismissed as there was no real prospect of such declarations being made by the Court.
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.
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.
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