McLaren’s contract with current star IndyCar driver, Pato O’Ward was also said to be an example of giving drivers the false expectation of an F1 seat.
De Marko set out that Pato O’Ward’s contract included a clause setting out a pay rise if he moved to F1. “He was being incentivised by you to sign a contract on the basis he would be moved to F1 and paid a lot more,” he said.
“This technique is very effective: encouraging them and then shafting them.”
“I totally disagree,” replied Brown. “Pato is a driver we think has F1 potential. We created an agreement that gave us flexibility,” adding, “You would be paid a lot more in F1”.
Brown was also asked about internal correspondence about a request from the makers of the F1 2022 video game, asking to feature O’Ward’s likeness. The communications team sent a list of pros and cons, the latter including that it could “further inflate Pato’s ego” and would escaate the narrative that “F1 is a sure thing”.
Palou races against McLaren’s Pato O’Ward at this season’s 2025 IndyCar finale at Nashville
IndyCar
“Some racing drivers — and team bosses — have egos,” said Brown. “I never said Pato would be a sure thing in F1 and we do not want to mislead.”
The current court case is the culmination of the one of the most controversial ‘tug of love’ driver contract dispute in recent times.
McLaren says that Palou and his associated management companies should pay the team $20.7m. Its disputed calculations show that additional driver salary costs amount to $1.3m; sponsor losses were nearly $15.5m, including $7.3m from NTT alone; and that it missed out on $4m in performance-based revenue that it claims it would have snared with a driver of Palou’s calibre.
In return, documents lodged with the court by Palou’s advocates have claimed that McLaren’s accusations are “entirely spurious” and “a bare-faced attempt to take Mr Palou to the cleaners”.
McLaren claims the driver himself wouldn’t have to pay up, after CGR plegded to cover costs and damages as a result of contract breach in a bid to keep its star man.
It was during 2022, when Palou was racing with CGR, that he signed to join McLaren in 2023, not long before Piatri was also announced at the Woking grand prix squad.
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.
The case continues, and is expected to conclude in November.