Welcome to the second edition of Mishcon de Reya's Sports Update, where we bring you the latest developments and key stories from the world of sports law and governance. This month's issue highlights high profile disputes in the worlds of Formula One and football, and the use of AI to generate fake likenesses of famous athletes.
Felipe Massa’s £64 million “crashgate” case against Formula One Management (“FOM”), Bernie Ecclestone and the FIA can go to trial
Mr Massa sensationally resisted the Defendants’ application to strike out his unlawful means conspiracy claim. Mr Massa has alleged that the Defendants conspired to deprive him of the 2008 World Championship Title (which he lost to Lewis Hamilton by one point). Mr Massa claims that Renault’s Nelson Piquet Jr deliberately crashed his car at the inaugural 2008 Singapore Grand Prix, to assist his teammate Fernando Alonso to win the race. Lewis Hamilton finished third in that race, and Mr Massa thirteenth with no points. Mr Hamilton went on to win the 2008 F1 Drivers’ World Championship by a single point. Mr Massa says that the results of that race should have been annulled, the consequence being that he would have been the F1 Driver’s World Champion. Mr Massa argues that a 2023 interview by Mr Ecclestone demonstrated that the sport's governing bodies knew the crash was deliberate but took no action. The Defendants' position is that Mr Massa could have brought his claim in 2008 or 2009, and so is now out of time. Mr Justice Jay ruled that Mr Massa’s “claim cannot of course rewrite the outcome of the 2008 Drivers’ World Championship” but that “but he does have a real prospect of proving at trial all the components of his unlawful means conspiracy”.
Real Madrid confirm intention to seek damages from UEFA over Super League
Following the 2023 EU Court ruling that UEFA's rules which blocked the establishment of the European Super League, spearheaded by Real, were contrary to EU competition law, and UEFA's subsequent loss of an appeal in the Madrid provincial court, Real has announced it plans to file a €4bn claim against UEFA. Real says it has lost substantial revenue as a result of UEFA's decision to block the Super League, including from lost matchday, broadcast and commercial revenues. However, UEFA is considering appealing further to the Spanish supreme court, which would delay Real's claim.
Rafa Nadal issues warning against AI scams using his voice and image
Mr Nadal has warned fans that videos which purport to show him offering investment advice are AI-generated scams. He also issued a wider warning about the challenges of determining whether digital content is genuine, as innovation in AI continues to move with speed. This is a high-profile intervention relating to the growing potential of AI to defraud unwitting consumers.
Our Sports practice
Mishcon de Reya’s Sports group delivers winning strategies for the world’s biggest sporting moments. We’ve handled some of the most high-profile sports cases in recent years, combining deep legal expertise with real-world sports experience.