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[Stealthgate007]

http://www.pitpass.com/fes_php/pitpass_ ... t_id=39906

How would McLaren approach the subject? "We went along with the ruling as we had no choice and feared retribution from Max Mosley." I think that would play..

If Todt does not get a handle on this, there may be no need for a survey.. Would anyone be unhappy to see the FIA go away and series take up their own regulations and governance?

[racechick]

"The future of the FIA in McLarens hands" How I love to read that!! What goes around comes around! I was incensed at Mclarens fine and remain so. McLaren have every right to persue retribution; it will probably finnish the FIA -and they deserve it! But maybe McLaren are not as vindictive as max mosley and will consider the whole of F1 and the security of its future rather than take the petty road Max took. So FIA? Maybe an apology? And a gesture of goodwill...say $50 mil?? Just half of what you stole????

[headless]

Brief overview?

[Stealthgate007]

Here it is Headless.

The fall-out from Flavio Briatore's historic court victory over the FIA continues. According to a report in the Independent by Pitpass' business editor Chris Sylt, an eminent lawyer has predicted that the FIA could face more lawsuits from disgruntled recipients of its decisions and, crucially, its status as the sole arbiter of F1 disputes may have finally come to the end of the road.
"It is reasonable to say that the FIA monopoly on decision-making in motorsport may now be coming to an end and that we can expect increasing court challenges in the future," says Jonathan Lux, partner at international law firm Ince & Co, adding "indeed, some previous well known FIA decisions may be vulnerable in light of the approach taken by the French court, subject to the relevant time bar limitations."
The FIA was undone by Briatore's argument that its then-president Max Mosley was effectively acting as judge, jury and executioner since he launched the investigation into race-fixing claims against Briatore and then presided over his ban from the sport in his role as chairman of the World Council.
The French court ruled that "the decision of the World Council was presided over by the FIA president... with Mr. Mosley having played a leading role in launching the enquiry... in violation of the principle of separation of the power of the bodies."
Briatore claims that as a result of this, "every decision made by the World Council was illegal" and a challenge of one of these decisions in particular could ultimately put the brakes on the FIA.
In 2007 McLaren was of course caught spying on Ferrari and the World Council handed it a $100m fine. Briatore says he thinks McLaren may take action against the FIA to recover the $100m in light of his court result.
McLaren refuses to confirm this and Matt Bishop, its head of communications, simply says "we have no comment on the Briatore case."
However, if McLaren were to take action and succeed, the FIA may struggle to repay since it transferred the proceeds of the fine to a motor industry charity. Ironically, the future of the FIA could be in McLaren's hands.

[headless]

hhmmmm very interesting.
Briatore might get some fans out of this!

[NateDawg80126]

He could stop world hunger and I would still hate him.

[headless]

He could stop world hunger and I would still hate him.

[bud]

McLaren might not have to pay their fees for a few decades to come

[Jensonb]

FiA doesn't have a lot of options here. McLaren could put a stop to them completely - and they know it. Looks like Jean has some brown-nosing to do.

[Jabberwocky]

what if Stepney and Colahan (spl) decide to say that want all some money due to lose of earnings etc?

how far back would it go back? will Irvine be looking for $10000 after his 1994 crash

[antoniob]

there's two sides to every story - and then there's the truth as well. From the FIA's position that dont mean mclaren will be exonerated as far as the crime is concerned. they will have every right to revisit the issue as such. the FIA could easily refer the case to a different court and based on all the evidence still be found giulty and may even be given a harsher penalty for going up against the ruling body with the hope of getting away with it. the chance they could be found not giulty of spygate is everybody's guess so based on that angle I dont think they will go anywhere with it.

[headless]

FiA doesn't have a lot of options here. McLaren could put a stop to them completely - and they know it. Looks like Jean has some brown-nosing to do.

Sleeping around.

[bud]

there's two sides to every story - and then there's the truth as well. From the FIA's position that dont mean mclaren will be exonerated as far as the crime is concerned. they will have every right to revisit the issue as such. the FIA could easily refer the case to a different court and based on all the evidence still be found giulty and may even be given a harsher penalty for going up against the ruling body with the hope of getting away with it. the chance they could be found not giulty of spygate is everybody's guess so based on that angle I dont think they will go anywhere with it.

I think youre missing the point, its about the way the case was handled and the punishment that was dealt. so yeah McLaren has a good shot just as Briatore did.

[antoniob]

there's two sides to every story - and then there's the truth as well. From the FIA's position that dont mean mclaren will be exonerated as far as the crime is concerned. they will have every right to revisit the issue as such. the FIA could easily refer the case to a different court and based on all the evidence still be found giulty and may even be given a harsher penalty for going up against the ruling body with the hope of getting away with it. the chance they could be found not giulty of spygate is everybody's guess so based on that angle I dont think they will go anywhere with it.

I think youre missing the point, its about the way the case was handled and the punishment that was dealt. so yeah McLaren has a good shot just as Briatore did.

I understand what you saying Bud but sometimes its best to let sleeping dogs lie because there is major differences between the two cases. Flav had his punishment overturned but I see no reason why his case may not be picked up by another entity that has a vested interest in that case because in no way does it mean that he aint guilty, however it appears he might get away with it based purely on the fact that the fIA rules and guidelines does not appear to cover the situation as completely as it should. I may be wrong as well because I dont know the rules and regs as well as many of you guys.
There only one question that to me is of importance.Q. in both instances was the perpetrators guilty??. A. Yes mclaren admitted that fact to a point. ( please correct me if Im wrong).
We truly had enough drama in F1 that costed teams a lot a bucks and sponsors. I think they should let it go and not wake the neighbourwoods dogs.

[Jensonb]

there's two sides to every story - and then there's the truth as well. From the FIA's position that dont mean mclaren will be exonerated as far as the crime is concerned. they will have every right to revisit the issue as such. the FIA could easily refer the case to a different court and based on all the evidence still be found giulty and may even be given a harsher penalty for going up against the ruling body with the hope of getting away with it. the chance they could be found not giulty of spygate is everybody's guess so based on that angle I dont think they will go anywhere with it.

I think youre missing the point, its about the way the case was handled and the punishment that was dealt. so yeah McLaren has a good shot just as Briatore did.

I understand what you saying Bud but sometimes its best to let sleeping dogs lie because there is major differences between the two cases. Flav had his punishment overturned but I see no reason why his case may not be picked up by another entity that has a vested interest in that case because in no way does it mean that he aint guilty, however it appears he might get away with it based purely on the fact that the fIA rules and guidelines does not appear to cover the situation as completely as it should. I may be wrong as well because I dont know the rules and regs as well as many of you guys.
There only one question that to me is of importance.Q. in both instances was the perpetrators guilty??. A. Yes mclaren admitted that fact to a point. ( please correct me if Im wrong).
We truly had enough drama in F1 that costed teams a lot a bucks and sponsors. I think they should let it go and not wake the neighbourwoods dogs.

It's not about guilt. It's about the conduct of the "legal" system being faulty. To use an extreme example form a real legal system. Imagine a murder, under a legal system where one man (Party Y) is the investigator, judge, jury & executioner. Say that Party X is, in fact, guilty. Parties X & Y dislike eachother intensely already, whilst Party Y needs the family of the deceased to like him. Party Y decides to give the death penalty. I ask, is that a fair outcome, even if Party X did do it?