Ex-F1 racer Massa’s lawsuit over 2008 damages allowed to proceed to trial

Felipe Massa’s claim for damages relating to the Formula 1 "Crashgate" scandal of 2008 can continue to trial, but other aspects of the legal action have been dismissed.

The former Ferrari driver is seeking compensation of close to £64 million ($84m) over what he claims was a conspiracy to deny him the 2008 world championship, arguing that if the result of the Singapore Grand Prix – in which Nelson Piquet Jr. deliberately crashed and Massa failing to score having been leading the race – had been annulled, he would have been champion.

In a court hearing last month, Massa claimed the FIA, F1 and former CEO Bernie Ecclestone conspired against him to deny him the 2008 title, after he ultimately lost out by a single point to Lewis Hamilton.

The defendants argued it was Massa’s performance that cost him the title that year, and attempted to get the case dismissed. However, following the hearing in London’s High Court, Mr. Justice Jay has allowed the claim for damages to proceed, ruling Massa has a "real prospect of proving [his case] at trial” when it comes to the compensation.

Where Massa was not successful was in his claim for a declaration that he should have been world champion in 2008.

“Mr. Massa is not entitled to claim declaratory relief for reputational or publicity reasons,” the judge added. “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.”

Reacting to the decisions, Massa issued a statement saying he is seeking justice for F1 fans as well as the figure for damages.

“This is a tremendous victory – a great day for me, for justice, and for everyone who loves Formula 1,” Massa said. “The court has seen the strength of my case and refused to let the defendants silence the truth about 2008. They did everything possible to stop this case, but our fight is for fairness and today we have 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 an honest sport, and for the future of Formula 1.

“I want to thank my outstanding legal team, my family and to 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 that relate to the FIA – namely the claim for declarations – dismissed by the High Court, the governing body stated: “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.”