The logical decision would be to walk away — and he was probably offered that option.
After all, it’s unlikely that F1 and the FIA want the case to go to court where the spotlight will be shone on a shameful controversy, likely to be illustrated by a trove of emails and notes from within F1. Who knows what went across Ecclestone’s desk at that time?
A Massa victory would also show how the FIA’s regulations can be opened up to national laws, raising the prospect of cases involving other disputed championships and more.
It seems inconceivable that, at some point in the last few months, an out-of-court settlement wasn’t discussed with lawyers from both sides: a payment that would prevent F1’s secrets being raked over in court and, for Massa, avoid the risk of losing.
Many lawyers would see it as a no-brainer, swerving a court case where they would be reliant on the decision of a judge (there will be no jury in Massa’s case) and vulnerable to the arguments of the opposing side — even with the legal arsenal Massa has assembled.
But we must assume that a settlement would not have included an admission that Massa was the rightful 2008 champion, as demanded by the former Ferrari driver.
Eyes of a fighter: Massa shows no signs of backing down
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He began legal proceedings last year, when Ecclestone said in an interview with the F1-Insider website that officials had enough information to investigate the Singapore GP crash and would “probably have had to cancel the race”. Massa’s lawyers then contacted the three defendants demanding that he was recognised as 2008 champion, as well as a financial settlement, but none was accepted.
Massa’s determination to stick to his guns and pursue the case to court seems to support his assertion that the case is less about the money (of which a substantial amount is being claimed) and more about the justice of being recognised as champion.
Given the millions he risks losing, that’s an illogical position — unless you’re a racing driver like him: a man for whom winning is everything. You don’t get to lead Ferrari in F1 unless you’re ruthlessly focused on victory above almost everything else.
Put it this way: the legal documents filed at London’s High Court reveal that he was on a €2m (£1.7m) bonus from Ferrari for winning the title. Do you think that motivated him an ounce that season?
He’s said to have lost more than £62m from the additional salary, sponsorship and commercial opportunities that he would have had as world champion. Can you even conceive the idea of his future earning potential going through his mind during that 2008 title clash with Hamilton?
