Judge rules part of Massa’s ‘Crashgate’ lawsuit can go to trial

A judge has told Felipe Massa he can bring part of his legal case against Formula 1, the FIA and Bernie Ecclestone to trial in the UK.

The former Ferrari driver is claiming £64 million in damages over the series’ handling of the notorious ‘Crashgate’ episode which he believes cost him victory in that year’s world championship.

In a decision handed down on Thursday, Mr Justice Jay stated Massa’s claim for inducement of breach of contract could continue. The basis for this is an interview Ecclestone gave in 2023 in which the former F1 chief claimed the series could have acted sooner over claims Renault engineered Fernando Alonso’s victory in the 2008 Singapore Grand Prix by arranging for his team mate to deliberately crash his car.

Massa was leading the race before Nelson Piquet Jnr crashed his Renault, triggering a Safety Car period which moved Alonso into the lead of the race. As Massa fell to 13th as a result of a botched pit stop, he lost vital ground in the drivers’ championship to Lewis Hamilton, who beat him to the crown by a single point.

Following a hearing last month, the judge ruled Massa “does have a real prospect of proving at trial all the components of his unlawful means conspiracy” and “the same analysis applies to the inducement claim.”

However he dismissed Massa’s argument the FIA failed in its obligations to him to investigate the incident more promptly. He therefore rejected his claim for a declaration.

“In my judgment, Mr Massa is not entitled to claim declaratory relief for reputational or publicity reasons,” said the justice’s statement.

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“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.

“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.”

The full verdict can be read here.

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