In Scotland, judicial review is the court process by which a Sheriff or Judge has the power to review a decision of any person or body entrusted with a jurisdiction, a power or any authority – in order to ensure that the person or body does not exceed or abuse their jurisdiction, power or authority, or fail to do what is required. Unlike in England & Wales, the scope of judicial review is wider in Scotland and can include the review of private organisations, like sporting body decisions.
The ongoing Formula 1 “crashgate” case serves as a timely reminder of the availability of this remedy and the fact some decisions need not be final. But first, what was “crashgate”?
Crashgate
In 2008, during the Singapore Grand Prix, driver Nelson Piquet Jr deliberately crashed in order to help his Renault teammate, Fernando Alonso, win the race. When the crash took place the safety car came out and resulted in a pit stop that saw Massa, who was likely to win the 2008 title, fall from leader to 13th-place. The incident also had a significant impact on the outcome of the drivers' title race, with Massa missing out by only a point when Lewis Hamilton overtook Timo Glock at the final corner of the final lap of the season in Brazil. So, but for the crash at Brazil, Massa would have likely won the 2008 Title.
Massa’s Legal Options
The deliberate nature of Piquet's actions at the Singapore GP became public the following year and resulted in Renault facing a two-year suspended ban from F1. Renault Boss Flavio Briatore and technical chief Pat Symonds were also punished for the part that they played in the event. At the time, Massa called for the Singapore GP result to be cancelled. However, due to FIA rules, an investigation into the race couldn’t affect the result because Hamilton's Championship Title could not be revoked after the FIA Awards ceremony had taken place.
The controversy surrounding the accident in 2008 resurfaced earlier this year when ex-F1 boss Bernie Ecclestone said in an interview that he and Max Mosley, former president of racing’s governing body, the FIA, had known about the deliberate crash soon after the race but hadn’t taken action.It re-ignited the controversy and is understood to be the basis for Felipe Massa’s Letter Before Claim that has been sent to F1 and the FIA by his lawyers — the stage before taking the matter to court. It is understood that Massa’s position is that he lost the Championship as a result of a “conspiracy” and is due millions of Euros in compensation as a result. After Eccleston suggested that he and the FIA knew of the rule breach before the end of the 2008 season (which would have been within the time period when action could have been taken to alter the result in line with FIA rules) this could provide substantial grounds for Massa to pursue further legal action.
It will be interesting to see how Massa’s case unfolds and how the FIA deal with it. It is understood the FIA and F1 have now asked Massa and his lawyers for more time prepare their response – and it is believed that such a response will be given by mid-October.
Takeaway Points
The law of judicial review is complex and there are strict rules surrounding the relationship between the person/body challenging a decision and the person/body being challenged, as well as timescales for bringing an action for Judicial Review.
Felipe Massa’s attempt to overturn the 2008 World Driver’s Championship (or at least his attempt to secure himself compensation) shows decision makers, even the FIA, can be challenged.
Our team of litigation specialists are well-equipped to handle a wide range of disputes through expert negotiation and straightforward, clear advice tailored to your unique circumstances. We strive to build close relationships with our clients, taking the time to understand their needs and working closely with them to achieve their desired outcomes. In cases where court action is necessary, we are proactive and determined in our approach to securing fast and effective solutions. We understand that litigation can be a stressful process, which is why we make every effort to simplify it and guide you through each step in easy-to-understand language. If you think Judicial Review could be helpful for your case, we invite you to contact us today at 0141 473 6783.
