Massa and Others v Formula One Management Limited - Permission to Appeal Lodged
Summary
The UK Supreme Court has received a permission to appeal application from Formula One Management Limited, Bernie Ecclestone, and the FIA challenging Mr Justice Jay's decision to allow Felipe Massa's unlawful means conspiracy claim to proceed. The appeal raises four legal questions: whether the tort can be founded on a non-independently actionable civil wrong, a breach of contract to which the claimant is not a party, a breach of foreign law, or conduct the defendant did not know to be unlawful. The underlying dispute concerns the 2008 Singapore Grand Prix crash, with Massa alleging he was denied the World Driver's Championship.
“The appellants now appeal directly to the Supreme Court against Jay J's decision not to strike out the respondent's unlawful means conspiracy claim.”
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What changed
The UK Supreme Court has received a permission to appeal application in Massa v Formula One Management Limited (UKSC/2026/0035), challenging the High Court's refusal to strike out Massa's unlawful means conspiracy claim arising from the 2008 Singapore Grand Prix crash. The appellants seek to have the Supreme Court consider four foundational questions about the scope of the unlawful means conspiracy tort under English law.
For legal practitioners and sports law specialists, this case presents questions of first impression regarding the essential elements of unlawful means conspiracy. The appeal challenges whether an unlawful means conspiracy claim can be founded on civil wrongs not independently actionable by the claimant, breaches of contract to non-parties, foreign law violations, or unknowing unlawful conduct. Practitioners handling civil conspiracy claims, sports disputes, or commercial torts should monitor this case as its outcome may substantially reshape the pleading requirements for this tort.
Archived snapshot
Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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TORT
Massa and others (Respondents) v Formula One Management Limited (Appellant)
Permission to Appeal application lodged
Contents
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Case summary
Case ID
UKSC/2026/0035
Parties
Appellant(s)
Formula One Management Limited
Respondent(s)
Fédération Internationale de l'Automobile
Bernard Charles Ecclestone
Felipe Massa
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?
Facts
Mr Massa is a retired Formula One (F1) driver who raced for various F1 teams between 2002 and 2017. In 2008 his team was Ferrari and he was their lead driver. The inaugural Singapore Grand Prix took place on 28 September 2008. On lap 14, one of the Renault drivers, Nelson Piquet Jr, deliberately crashed his car in order to aid his colleague, Fernando Alonso. Mr Hamilton won the 2008 Grand Prix season as F1 World Driver’s Champion one point ahead of Mr Massa. Mr Massa alleges that had the crash been investigated and acted upon in 2008, the Singapore result would have been annulled, and he would have been the F1 World Driver’s Champion for the 2008 season.
On 24 March 2024, Mr Massa issued proceedings against the appellants. Mr Massa advanced the following claims: (1) a claim in breach of contract against the Fédération Internationale de l'Automobile (“FIA”), (2) a claim in the tort of inducing breach of contract against Formula One Management Limited (“FOM”) and Mr Ecclestone, (3) a claim in the tort of unlawful means conspiracy against all three respondents and (4) a claim in tort against the FIA founded on alleged breaches of a duty owed by the FIA under its Statutes. Mr Massa contended that he was entitled to both damages and declaratory relief.
On 17 January 2025, the appellants applied to have Mr Massa’s claims struck out and/or for reverse summary judgment. By Orders dated 20 November 2025 and 5 March 2026, Mr Justice Jay struck out claims (1), (2), (4) and the claim for declaratory relief. He declined, however, to strike out the claim in the tort of unlawful means conspiracy.
The appellants now appeal directly to the Supreme Court against Jay J’s decision not to strike out the respondent’s unlawful means conspiracy claim.
Date of issue
27 March 2026
Case origin
PTA
Linked cases
UKSC/2026/0037 Massa and others (Respondents) v Fédération Internationale de l'Automobile (Appellant) Primary Case
UKSC/2026/0034 Massa and others (Respondents) v Ecclestone (Appellant) Related case
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