Documents lodged with the court by Palou’s lawyers allege that the claim is “entirely spurious” and “a bare-faced attempt to take Mr Palou to the cleaners”.
However, McLaren claims that the driver himself wouldn’t have to pay up as CGR has agreed to cover costs and damages as a result of contract breach.
Palou was having a tough 2022 season with Chip Ganassi Racing when he signed a deal to join McLaren in 2023, at a similar time to Piastri.
The contract was then deferred to 2024 after a dispute with CGR, but, late in 2023, after Piastri had signed a long-term extension to his McLaren F1 contract, Palou backed out of the McLaren deal entirely and committed his future to CGR.
He says that he felt he had been deceived by Zak Brown leading him on to believe he would be promoted to F1.
McLaren’s lawyers portrayed Palou as a “serial contract breaker” but Nick De Marco KC, representing this year’s IndyCar champion and Indy 500 winner, claimed that Brown was no better.
“Zak Brown enticed Mr Palou to leave Chip Ganassi and join McLaren with no greater regard to the contractual obligations as it is alleged Mr Palou had,” he said.
“He did so in his typical style of negotiating, playing drivers and teams against each other. He was able to convince Mr Palou if he joined McLaren he could really get into an F1 seat.
“Almost as soon as Mr Palou was posting his delight, he discovered Oscar Piastri was posting a similar message, having been recruited by McLaren from Alpine.
Excited to share the news, and looking forward to a future with @McLarenF1 https://t.co/uJKOfUJqVW
— Alex Palou Montalbo (@AlexPalou) July 12, 2022
“It became apparent that Mr Palou had made a mistake by joining McLaren. He felt he had been deceived by Zak Brown leading him on to believe he would be promoted to F1 when that was likely never Zak Brown’s intention.”
By late 2023, Palou had won a championship with Chip Ganassi Racing and the prospect of joining McLaren’s IndyCar team, with no F1 guarantee was unappealing, the court heard.
“The only reason he contemplated joining a second-class team was that his main interest was to go to F1 with the team of many successful racing drivers,” De Marco told the court.
Palou then committed his future to CGR and “went into hiding, refusing to return Zak Brown’s calls,” the court heard.
McLaren was left scrambling to secure the services of its other drivers and renegotiating with existing ones.
Negotiating with a weak hand, it gave Pato O’Ward, its best-performing driver in 2023, a $5.1m pay rise, to avoid losing another top-level talent. Sponsors including NTT and General Motors sought to reduce their fees as they would no longer be associated with the reigning champion, the hearing was told.
“The breach of contract deprived McLaren over a period of four years of the services of the most successful IndyCar driver of the current generation,” said Paul Goulding KC, representing McLaren.