The Supreme Court has granted the Defendants – Formula One Management Limited, Bernard Charles Ecclestone and Fédération Internationale de l’Automobile (“the FIA”) – permission to appeal against the decision of Mr Justice Jay to allow Felipe Massa’s claim of unlawful means conspiracy to proceed to a full trial.
Mr Massa is a retired Formula One driver who raced for Ferrari in the 2008 Formula One World Championship. On lap 14 of the Singapore Grand Prix on 28 September 2008, one of the Renault drivers, Nelson Piquet Jr, deliberately crashed his car in order to aid his teammate, Fernando Alonso. Mr Massa did not earn any points in the Singapore Grand Prix, and eventually went on to lose the 2008 World Drivers’ Championship by a single point to Lewis Hamilton. Mr Massa alleges that had the crash been investigated and acted upon in 2008 (rather than in 2009, when Mr Piquet Jr agreed to provide a sworn statement to the FIA admitting that the crash was deliberate), the result of the Singapore Grand Prix would have been annulled, and he would have won the 2008 World Drivers’ Championship.
Mr Massa brought (among other claims which have now been dismissed) a claim in the tort of unlawful means conspiracy against the Defendants, alleging that they conspired not to investigate the deliberate nature of the crash in 2008, prior to the conclusion of the 2008 Formula One World Championship. The unlawful means relied upon by Mr Massa consist of: (i) alleged breaches of contractual duties owed by the FIA to its members (which do not include Mr Massa); and (ii) a French law tort claim, said to render those breaches actionable in tort by Mr Massa.
The Defendants applied for Mr Massa’s claims to be summarily dismissed. Following a 3-day hearing in October 2025, Mr Justice Jay dismissed various of Mr Massa’s claims, but allowed the unlawful means conspiracy claim to proceed to a full trial. Mr Justice Jay’s full judgment is available here, a press summary is available here, and Fountain Court’s news item is available here.
The Defendants sought permission to appeal directly to the Supreme Court against Mr Justice Jay’s decision not to dismiss Mr Massa’s unlawful means conspiracy claim, pursuant to section 12 of the Administration of Justice Act 1969. Section 12 permits a ‘leapfrog’ appeal directly to the Supreme Court where (among other things): (a) there is a point of law of general public importance, and (b) that point of law is one in respect of which the judge is bound by a decision of the Court of Appeal or of the Supreme Court in previous proceedings.
The Supreme Court (Lord Reed, Lord Hamblen and Lord Richards) has granted the Defendants permission to appeal on the following issue:
Can the tort of unlawful means conspiracy be founded on:
- a civil wrong that is not independently actionable by the claimant?
- a breach of contract to which the claimant is not a party?
- a breach of foreign law?
- conduct that the defendant did not know to be unlawful?
Further details are available on the UK Supreme Court website.
Formula One Management Limited is represented by Anneliese Day KC and Max Kasriel, instructed by John Magnin, Partner at K&L Gates LLP.
The FIA is represented by John Mehrzad KC and Ian Simester, instructed by Imogen Mitchell-Webb, Partner and Head of Sports, and Jennette Newman, Partner and Head of London Office / London Market & Specialty, at HF Limited.
