Former Ferrari driver Felipe Massa may continue part of his legal action over the 2008 Singapore Grand Prix ‘Crashgate’ scandal, but the High Court has dismissed other elements of his case.
A court ruling said the Brazilian can seek to recover damages in relation to the controversy, but rejected his claim for a declaration that he should have won the 2008 drivers’ title.
Massa launched legal action against former F1 boss Bernie Ecclestone, Formula 1 and the FIA governing body over an alleged “conspiracy” which he claims denied him the title, which was won by McLaren’s Lewis Hamilton.
Massa believes that if F1 bosses had investigated the incident earlier and the result had been overturned, he would have been crowned world champion. The 44-year-old is seeking compensation of around £64 million.
At a hearing last month, the defendants – Ecclestone, F1 and the FIA - tried to have the case dismissed, saying it was Massa’s performance that prevented him from winning the title and that the matter had been brought too late.
Judge Jay handed down his ruling at that hearing on Thursday. He allowed the matter to continue and said Massa had a “real prospect of proving at trial” his case for damages.
He rejected the defendants’ claim that the matter had been brought to court too late, as Massa had only discovered facts that would help his case in 2023, when Ecclestone gave an interview talking about the 2008 incident.
However, allowing the declaration element of Massa’s case to proceed “comes too close, in my view, to infringing on the FIA’s right to govern its own affairs”, the judge said.
“Mr. Massa has no right to claim declaratory relief for reasons of reputation or publicity,” he added.
“This claim cannot, of course, rewrite the outcome of the 2008 drivers’ world championship, but if declaratory compensation in the sense requested were granted, this is how Mr Massa would present his victory to the world and this is also how it would be perceived by the public.”
