• Wind-tunnel dispute
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Force India faces huge bill in failed legal case

ESPNF1 Staff
March 22, 2012 « Hamilton in 'a positive frame of mind' for Malaysia | Raikkonen hopes for steering solution »
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Force India has been ordered to pay Aerolab €850,000 (£708,000) by a High Court judge relating to the wind tunnel dispute that has rumbled on for two years.

The case centred on an intellectual property dispute, with accusations that wind-tunnel models being used by Aerolab in its work with Team Lotus (now Caterham) were similar to those used when the aerodynamic company was working with Force India. While that case was brought against Aerolab, Mike Gascoyne and the Team Lotus parent company 1Malaysia Racing, Aerolab issued a counter-claim against Force India over the non-payment of outstanding bills.

The High Court judge on Wednesday ruled in Aerolab's favour, with Force India ordered to pay the outstanding costs. Legal costs, which are estimated to be in the region of £4 million, will be settled in a separate hearing.

Force India was awarded €25,000 in compensation in regard to its intellectual property rights, with Mr Justice Arnold deeming the use of CAD files as a short cut. The team now wants the FIA to look in to the intellectual property dispute, with a statement reading: "The UK High Court judgement, in respect of the illegal copying, will now be referred for the consideration of Formula One's governing body, the FIA."

Aerolab/FondTech managing director Jean-Claude Migeot said that he was convinced the case was only brought by Force India as a means of delaying payment of the monies owed.

"It has taken a long time but I am extremely happy and relieved to see 1Malaysia Racing Team and Mike Gascoyne cleared of any wrongdoing (other than the technical copyright infringement finding against 1MRT (UK) Limited for which no damages were claimed or awarded)," Migeot said. "I have always felt that the case was only initiated by Force India as a means to delay payment for outstanding work. With the Court having now examined the often extremely technical aspects of the evidence and come to the decision it has, my viewpoint has not altered.

"We have always been very open with the facts. I am personally very grateful that Mr Justice Arnold was able to fully understand the often subtle areas of technical detail involved, and am indebted to my highly-capable legal team of Counsel (Iain Purvis QC and Tom Alkin of 11 South Square) and Solicitors (Tim Bamford and Leslie Timms of Withers LLP), without whom this end result might not have been achieved.

"After two years of legal dispute, I am looking forward to once again focusing all of my attention on current and future Aerolab/FondTech projects."

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