Felipe Massa’s claim for damages relating to the 2008 Formula 1 “Crashgate” scandal may yet go to trial, but other aspects of the legal action have been dismissed.
The former Ferrari driver is seeking damages of almost £64 million ($84 million) for what he claims is a conspiracy to deny him the 2008 world championship. He states that if the result of the Singapore Grand Prix – in which Nelson Piquet Jr. deliberately crashed and Massa failed to score after leading the race – had been annulled, he would have been champion.
At a court hearing last month, Massa alleged that the FIA, F1 and former CEO Bernie Ecclestone had conspired against him to deny him the 2008 title after he ultimately lost to Lewis Hamilton by one point.
The defendants argued that it was Massa’s performance that cost him the title that year, and tried to have the case dismissed. However, following the hearing in London’s High Court, Judge Jay allowed the damages claim to proceed, ruling that Massa has a “real prospect of proving [his case] during the trial” when it comes to damages.
What Massa was not successful in was his claim for a declaration that he should have become world champion in 2008.
“Mr Massa has no right to seek declaratory relief for reasons of reputation or publicity,” the judge added. “The current claim cannot of course rewrite the outcome of the 2008 Drivers’ World Championship, but if declaratory relief were granted in the sense sought, that is how Mr Massa would present his victory to the world and it is also how it would be perceived by the public.”
In response to the decisions, Massa issued a statement saying he is seeking justice for F1 fans, as well as an amount for damages.
“This is a great victory – a great day for me, for justice and for everyone who loves Formula 1,” said Massa. “The court saw the strength of my case and refused to let the defendants silence the truth about 2008. They did everything they could to stop this case, but our fight is for fairness and today we won.
“The truth will prevail at trial. We will leave no stone unturned. I am more determined and confident than ever. Justice will be done. For me, for the Brazilians, for the tifosi, for all motorsport fans, who deserve a fair sport, and for the future of Formula 1.”
“I want to thank my excellent legal team, my family and God, who guided us and never let me lose my faith. Together we will see this through to the end.”
With three aspects of the case relating to the FIA – namely the claim for depositions – having been dismissed by the High Court, the governing body stated: “The Court has otherwise permitted the unlawful conspiracy claim against the three defendants to proceed to full trial, albeit on significantly more limited grounds.”
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