The president of Motorsport UK threatens the FIA with legal action

The world of motorsport is shaken by an unprecedented governance crisis. David Richards, chairman of Motorsport UK, has threatened the International Automobile Federation (FIA) with legal action if the organization does not address his concerns about governance practices under the presidency of Mohammed Ben Sulayem.

« I have been concerned for a while now about the erosion of responsibility and good governance within the FIA. », writes Richards in a letter addressed to the members of his organization. He argues that the actions of the FIA under Ben Sulayem’s presidency violate the very statutes of the body and do not meet the « benchmark levels of transparency, accountability, and integrity in sports governance ».

Unfulfilled promises

David Richards, also chairman of the engineering company Prodrive and former Formula 1 team director, initially supported Ben Sulayem’s candidacy for the FIA presidency in 2021 against Briton Graham Stoker.

He had been particularly taken by reform promises that matched an ideal vision of the FIA. This support was based on three key commitments: « a withdrawn, non-executive president, delegating the daily management of the FIA to a professional leadership team; the appointment of a competent CEO with real powers to manage the FIA according to professional standards; total transparency of actions and the highest standards in sports governance. », Richards recalls in his letter.

Three years later, his assessment is unequivocal: I’m afraid that, over the past three years, these commitments have clearly not been upheld. He emphasizes that the situation has even progressively deteriorated, with media reports confirming that many senior FIA officials have been dismissed or have resigned under unclear circumstances.

The confidentiality agreement: the straw that broke the camel’s back

The tension reached its peak when Richards, along with other FIA members, were prevented from attending a World Motor Sport Council (WMSC) meeting after refusing to sign a confidentiality agreement deemed excessive and described as a gag order. This incredible scenario led Richards to take a public stance. He clarified that he had already signed a confidentiality agreement when he was appointed to the World Motor Sport Council in 2021 and remains bound by his obligations.

This new agreement went much further according to the British leader, who particularly opposed three clauses: firstly, that everything would now be considered confidential, without qualification, preventing him from sharing information he deemed relevant; secondly, that the FIA could decide at its discretion if someone violated the terms of the agreement, without a defined process; and thirdly, that an immediate fine of 50,000 euros would be imposed for any infraction, with the threat of undisclosed damages.

« The drafting of this new confidentiality agreement does not comply with the FIA statutes and contradicts the promise of transparent governance for which we voted. » he writes.

Legal action considered

Faced with this situation, Richards indicated that Motorsport UK could take legal action: « We have informed the FIA that if it does not address the issues we have raised, we would pursue further legal action. »

In his letter, he explains that the association’s lawyers, along with their French legal advisors, have sent a series of clear questions that the FIA’s management must answer. However, he laments not having received any responses to these questions, particularly to the fundamental question: where in the FIA’s statutes is it stipulated that an elected member can be excluded from a meeting?

Contacted by BBC Sport, the FIA reiterated its statement from last week, after the exclusion of officials from the World Council was revealed. The automobile body had simply stated that non-disclosure agreements are routine in all organizations and that unauthorized disclosure of confidential information compromises its ability to pursue its objectives.

The organization also claims that these measures were massively supported by the super-majority of WMSC members. Sky Sports also tried to contact the FIA, which this time refused to issue any comment.

The other particularly concerning aspect raised by Richards involves the weakening of the FIA’s audit and ethics committees, whose scope has been severely limited and who now lack autonomy from the president’s authority. He also mentions that the British representative who had challenged certain decisions was summarily dismissed, as was the chairman of the audit committee.

A controversial president

This crisis occurs in a broader context of controversies surrounding Mohammed Ben Sulayem since his election in December 2021. Among these controversies are his comments about women. In 2023, previous sexist statements attributed to the FIA president resurfaced, where he reportedly wrote on his former website that he didn’t like women who think they are smarter than men. A spokesperson for the FIA had stated at the time that these remarks did not reflect the president’s beliefs.

Shortly thereafter, Ben Sulayem incurred the wrath of F1 owners after calling the $20 billion price tag for a potential sale of the championship “inflated.” F1 and Liberty Media’s legal representatives responded with a letter of complaint, stating that Ben Sulayem had overstepped the FIA’s mandate and his contractual rights.

Other points of friction include his approach to F1, the dismissal of several senior figures, and rule changes regarding the public behavior of F1 drivers. On the latter point, Ben Sulayem had alienated several drivers, including Max Verstappen, with his statements and controversial sanctions against drivers’ swearing. The drivers also criticized him for a lack of communication and transparency, to which he responded by telling them that the way he ran the FIA was none of their business.

2025, an election year at the FIA

This confrontation comes at an important time for the FIA, as Ben Sulayem is expected to run for re-election when his four-year term expires in December 2025. Richard’s letter could potentially spark opposition to his candidacy.

The president of Motorsport UK concludes by emphasizing the importance of this stance in the context of the possible extension of Ben Sulayem’s term or the appointment of a new president this year: « In a year when the president will either be re-elected or replaced, it’s more important than ever to remind the FIA of its responsibilities and to continue demanding this from it on behalf of the sport and its members worldwide, and that’s what I intend to do. », he states.