UK Supreme Court to look again at the scope of the tort of unlawful means conspiracy in Formula 1 ‘Crashgate’ case
On 26 May 2026, Lords Reed, Hamblen and Richards gave permission for a rare ‘leapfrog’ appeal from an order of Mr Justice Jay.
Mr Justice Jay permitted an unlawful means conspiracy claim to continue to trial based on an alleged breach of French law governed contractual duties owed by one of the defendants not to the claimant but rather to third parties: Felipe Massa v Formula One Management Ltd & Ors [2025] EWHC 3064 (KB). The claim arises out the notorious deliberate crash by Renault in the 2008 Singapore Grand Prix.
The issues are whether the tort of unlawful means conspiracy can be founded on:
- a civil wrong that is not independently actionable by the claimant;
- a breach of contract to which the claimant is not a party;
- a breach of foreign law; and/or
- conduct that the defendant did not know to be unlawful.
The leapfrog appeal was obtained on the basis that the Supreme Court should reconsider or clarify the House of Lords’ reasoning in Customs and Excise Commissioners v Total Network SL [2008] UKHL 19, if necessary by application of the 1966 Practice Statement.
David Quest KC, Ewan McKendrick KC (Hon) and William Day act for the appellant, Bernie Ecclestone, instructed by Rachel Lidgate, Nick Clayton, Rebekah Dixon and Tanesha Singh of Herbert Smith Freehills Kramer.
