Massa v Ecclestone - Permission to Appeal, Unlawful Means Conspiracy
Summary
Felipe Massa, former Ferrari F1 driver, seeks Supreme Court permission to appeal a High Court decision that allowed his unlawful means conspiracy claim to proceed against Bernard Ecclestone, Formula One Management Limited, and the Fédération Internationale de l'Automobile. The claim stems from the 2008 Singapore Grand Prix crash involving Nelson Piquet Jr, which Massa alleges cost him the World Driver's Championship by one point. The Supreme Court will determine whether the tort of unlawful means conspiracy can be founded on civil wrongs not independently actionable, breaches of contract to which the claimant is not a party, breaches of foreign law, and conduct the defendant did not know to be unlawful.
“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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GovPing monitors UK Supreme Court Decisions for new courts & legal regulatory changes. Every update since tracking began is archived, classified, and available as free RSS or email alerts — 9 changes logged to date.
What changed
The document notifies that a permission to appeal application has been lodged at the UK Supreme Court regarding Jay J's decision to allow Massa's unlawful means conspiracy claim to proceed. The High Court previously struck out Massa's breach of contract, inducing breach of contract, and FIA tort claims, as well as his claim for declaratory relief, but declined to strike out the conspiracy claim. The Supreme Court must determine four novel legal questions about the scope of unlawful means conspiracy as a cause of action in English tort law.\n\nAffected parties in the sports, entertainment, and commercial sectors should monitor this appeal closely, as its outcome may significantly expand or constrain the use of unlawful means conspiracy claims in cases involving multiple defendants, cross-border conduct, and contractual relationships to which the claimant is not a party.
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 Ecclestone (Appellant)
Permission to Appeal application lodged
Contents
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Case summary
Case ID
UKSC/2026/0034
Parties
Appellant(s)
Bernard Charles Ecclestone
Respondent(s)
Felipe Massa
Formula One Management Limited
Fédération Internationale de l'Automobile
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/2026/0035 Massa and others (Respondents) v Formula One Management Limited (Appellant) Primary Case
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