Massa can continue part of £64m ‘Crashgate’ lawsuit

Former Ferrari driver Felipe Massa can continue part of his legal action over the ‘ Crashgate ‘ scandal at the Singapore Grand Prix in 2008, but has had other elements of his case dismissed by the High Court.

A court ruling said Massa can try to recover damages in regards to the controversy, but rejected his claim for a declaration he should have won the 2008 drivers ‘ title.

The Brazilian launched legal action against former F1 boss Bernie Ecclestone, Formula 1 and governing body the FIA over an alleged “conspiracy” he says denied him the title, which was won by McLaren’s Lewis Hamilton.

Massa was leading in Singapore when Nelson Piquet Jr deliberately crashed to create an opportunity for his Renault team-mate Fernando Alonso to win the race.

Massa believes that if F1 chiefs had investigated the incident sooner and the result had been annulled, he would have been crowned world champion. The 44-year-old is seeking compensation in the region of about £64m.

At a hearing last month the defendants – Ecclestone, F1 and the FIA – attempted to get the case thrown out, saying it was Massa’s performance which stopped him winning the title and the matter had been brought too late.

Mr Justice Jay handed down his ruling from that hearing on Thursday. He allowed the matter to proceed and said Massa had a “real prospect of proving at trial” his case for damages.

He rejected the defendants ‘ claim the issue had been brought to court too late, as Massa had only discovered facts to help him in his case as recently as 2023 – when Ecclestone gave an interview speaking about the 2008 incident.

However, to allow the declaration element of Massa’s case to proceed “comes too close in my view to impinging on the right of the FIA to govern its own affairs”, the judge said.

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

Massa welcomed the ruling, saying in a statement it marked “a great day for me, for justice, and for everyone who loves Formula 1” and reasserted his belief the crash “stole the World Championship from me”.

Massa was leading the inaugural race in Singapore from pole position when Piquet deliberately crashed at Turn 17 on lap 14 to bring out a safety car.

That benefited Alonso, who had made an earlier pit stop than his competitors.

During the safety-car period, Ferrari botched Massa’s pit stop and he left the pits with the fuel hose attached to the car, accidentally knocking over a crew member.

He rejoined the track towards the back of the field and finished 13th, outside the points.

Hamilton, who came third, increased his championship lead over Massa to seven points – and subsequently won the title by a single point.

At the time, Piquet described the shunt into the wall as a “simple mistake”.

However, when Renault dropped him during the 2009 season, he revealed he had been asked by the team to deliberately crash and his actions led to an investigation which resulted in Renault team principal Flavio Briatore and chief technical officer Pat Symonds being banned from F1 for several years.

Alonso was cleared of wrongdoing and the FIA found no evidence he was aware of the plan.