Felipe Massa starts legal action over 2008 F1 title loss to Lewis Hamilton

Massa’s lawyers have sent an eight-page ‘Letter Before Claim’ to F1 and the FIA, alleging that the ex-Ferrari driver is the ‘rightful 2008 Drivers’ Champion’ and was ‘cheated’ out of winning the championship

Felipe Massa’s lawyers have started legal action against Formula 1 and the FIA over the driver’s 2008 title loss to Lewis Hamilton, seeking substantial damages following that year’s “Crashgate” scandal and a subsequent alleged “conspiracy”.

Brazilian driver Massa, then racing for Ferrari, missed out on the 2008 title by a single point after the final race in Brazil as Hamilton – then driving for McLaren – claimed the fifth place he needed on the last lap in wet conditions. It was Hamilton’s first F1 title win.

Yet new comments earlier this year, by former F1 supremo Bernie Ecclestone, about the infamous ‘Crashgate’ scandal earlier in the season in Singapore have encouraged Massa to assess all his potential options regarding compensation and perhaps overturning the result.

While the latter is not currently possible under FIA regulations, a formal eight-page ‘Letter Before Claim’ was sent to F1 boss Stefano Domenicali and FIA president Mohammed Ben Sulayem on Tuesday from London-based Enyo Law, as reported by Reuters.

The firm, acting on Massa’s behalf, alleges that the 42-year-old has been “the victim of a conspiracy committed by individuals at the highest level of F1 together with the FIA and Formula One management”.

It adds that Massa has lost out on tens of millions of euros in lost earnings and bonuses as a result of missing out on the 2008 title.

Crashgate rocked the sport when the inaugural Singapore Grand Prix saw Renault’s Fernando Alonso win the race before it emerged that his teammate Nelson Piquet Jr had deliberately crashed to bring out a safety car that played into Alonso’s hands.

That safety car prompted a Massa pit stop that Ferrari mishandled, with Massa eventually finishing the race 13th while Hamilton came home third – a difference of six points, a swing which ultimately impacted the title result.

Crashgate was a scandal which rocked Formula 1 in 2008 (PA)

While Renault and team boss Flavio Briatore were punished in 2009, the result of the race stood despite Massa’s protestations, with the FIA’s statutes making clear that overturning the classification from each season is impossible once the FIA Awards Ceremony for that year is complete, a rule set in the FIA International Sporting Code.

Ecclestone revealed in March that both he and then-FIA president Max Mosley knew of the Crashgate scandal in 2008, but refused to publicise the chain of events to avoid the sport a “huge scandal”.

The letter from Massa’s lawyers, sent to F1 and FIA, states: “Simply put, Mr Massa is the rightful 2008 Driver’s Champion, and F1 and FIA deliberately ignored the misconduct that cheated him out of that title.

“Mr Massa is unable to fully quantify his losses at this stage but estimates that they are likely to exceed tens of millions of Euros.

“This amount does not cover the serious moral and reputational losses suffered by Mr Massa.”

Felipe Massa’s lawyers have now started legal action over the 2008 F1 title loss to Lewis Hamilton (Getty Images)

F1 did not provide an immediate response to Reuters, while the FIA acknowledged receipt of “correspondence” from Massa’s lawyers and added: “The matter is under review and we will not be providing comment at this stage.”

Formula 1 gave a “no comment” response to The Independent when approached.

Ecclestone, however, told Reuters he could not remember saying the key lines.

“I don’t remember any of this, to be honest,” said the 92-year-old. “I don’t remember giving the interview for sure.”

Bernie Ecclestone (left) admitted that he knew what happened with Crashgate before it was made public (Getty Images)

Massa, speaking in Miami in May, called the situation an “injustice”.

“You fight them to the last corner of the last race, pass the chequered flag as the champion and then everything changed,” he told Sky Sports. “For sure, a fight on the track.

“Then you discover what has happened in Singapore. People, important people like Bernie [Ecclestone], like Max Mosley, like Charlie Whiting – they knew in 2008 and they didn’t do anything.

“That is really a massive surprise for me. It’s really [an] injustice and I think definitely we need to study everything that happened because it’s not fair what has happened.”

Hamilton won the 2008 title in dramatic circumstances on the final lap of the Brazilian Grand Prix (Getty Images)

The new furore surrounding the 2008 title was triggered after Ecclestone told F1-Insider earlier this year: “We decided not to do anything for now. We wanted to protect the sport and save it from a huge scandal. That’s why I used angelic tongues to persuade my former driver Nelson Piquet to keep calm for the time being.

“Back then, there was a rule that a world championship classification after the FIA ​​awards ceremony at the end of the year was untouchable. So Hamilton was presented with the trophy and everything was fine.

“We had enough information in time to investigate the matter. According to the statutes, we should have cancelled the race in Singapore under these conditions.

“That means it would never have happened for the championship standings. And then Felipe Massa would have become world champion and not Lewis Hamilton.”

The letter from Massa’s lawyers was sent to F1 boss Stefano Domenicali (left) and FIA president Mohammed Ben Sulayem (right) (Getty Images)

Massa’s lawyers added that the Brazilian wants “recognition that, but for those unlawful acts, he would have been awarded the 2008 Championship” – adding that they will “commence legal proceedings in the English courts” if a suitable response is not received within 14 days.

Despite the start of legal action, Massa is not able to officially overturn the result – with the FIA’s own International Sporting Code stating protests and reviews expire 14 days after a competition and four days prior to that year’s prize-giving ceremony.

He also cannot use the Court of Arbitration for Sport (CAS), which has no jurisdiction over the FIA on issues like this, with the independent International Court of Appeal the highest authority in the sport.

CAS may only be involved in F1 matters relating to the FIA’s Anti-Doping Disciplinary Committee.

Massa’s best-finish in F1 turned out to be that 2008 season as he retired in 2017 while Hamilton has gone on to win six more titles with Mercedes, holding the joint-record of seven F1 World Championships with Michael Schumacher.