FIA on rocky ground ,Legal advice sought.

FIA on rocky ground ,Legal advice sought.

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Dunit

Original Poster:

638 posts

207 months

Friday 7th September 2007
quotequote all
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???

Dunit

Original Poster:

638 posts

207 months

Friday 7th September 2007
quotequote all
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 ?

Dunit

Original Poster:

638 posts

207 months

Sunday 9th September 2007
quotequote all
I believe that in football a few years ago a player had the whole transfer market turned on its head because he disagreed with a FIFA ruling and went to EEC court.
Appologies if I have got this wrong as not a great soccer fan but I seem to recall something about a Bosnan ruling.

Dunit

Original Poster:

638 posts

207 months

Monday 10th September 2007
quotequote all
Dead right but I would not even waste a barrel on them!

Dunit

Original Poster:

638 posts

207 months

Friday 14th September 2007
quotequote all
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.