FIA on rocky ground ,Legal advice sought.
Discussion
Had a conversation with a retired barrister today and he seemed to think that the FIA are getting a bit ahead of themselves regarding this spy scandle.
He said before all else it must be prooved that Mclaren obtained this information in a illegal circumstance ie ,They tried to procure by payment or reward this information from a Ferrari employee and this must be prooved in a court of law.
If a employee decides to send them information of his own free will there is no law in any country and certainly in the uk that Mclaren have to tell anyone and are free to use it in anyway they see fit.
As he pointed out if a disgruntled BMW boffin sends VW the plans of what is in the pipeline they can not be held responsible.
Indeed if the FIA decide to ban Mclaren without being able to proove the above Mclaren,Mercedes and their sponsers could well take the FIA to court for any losses incurred from this ban.
As FI is not a sport but also commercial enterprise the court of the land would take president over any private organisation that is running it when it effects peoples livelyhoods and large companies in Britain and Germany.
Is there any legal brains out there to confirm this???
He said before all else it must be prooved that Mclaren obtained this information in a illegal circumstance ie ,They tried to procure by payment or reward this information from a Ferrari employee and this must be prooved in a court of law.
If a employee decides to send them information of his own free will there is no law in any country and certainly in the uk that Mclaren have to tell anyone and are free to use it in anyway they see fit.
As he pointed out if a disgruntled BMW boffin sends VW the plans of what is in the pipeline they can not be held responsible.
Indeed if the FIA decide to ban Mclaren without being able to proove the above Mclaren,Mercedes and their sponsers could well take the FIA to court for any losses incurred from this ban.
As FI is not a sport but also commercial enterprise the court of the land would take president over any private organisation that is running it when it effects peoples livelyhoods and large companies in Britain and Germany.
Is there any legal brains out there to confirm this???
Many thanks for your replies and lets hope for the good of the sport common sense prevails if not this will run and run as we are not talking of some club racer caught with a oversize engine, Rather a multi Billion dollar company cheating.
Strange so much confedential material regarding this case keeps getting in the hands of the press but they are not using it , but handing it straight back or destroying it ?
Strange so much confedential material regarding this case keeps getting in the hands of the press but they are not using it , but handing it straight back or destroying it ?
As a follow up to this thread I see on autosport this morning that Mercedes themselves have indicated that they intend to to pursue this matter through the courts.
No mention if this will be the civil court or where. May well be that the FIA will need the 100 mill to defend their actions and how they arrived at the decision on the evidence presented.
I suspect they will go the appeal route first to give the FIA a second chance in front of the worlds press in justifing their verdict.
The lawyers must rubbing their hands.
No mention if this will be the civil court or where. May well be that the FIA will need the 100 mill to defend their actions and how they arrived at the decision on the evidence presented.
I suspect they will go the appeal route first to give the FIA a second chance in front of the worlds press in justifing their verdict.
The lawyers must rubbing their hands.
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