Motorsport UK's David Richards Threatens Legal Action Against FIA.
David Richards, chairman of Motorsport UK, has threatened to take legal action against the FIA, the world’s governing body for motorsport, over issues regarding governance and transparency under President Mohammed Ben Sulayem.
Richards’ decision to escalate the matter follows a dispute after he and several other FIA members were excluded from a World Council meeting last week. This exclusion came after they refused to sign a new non-disclosure agreement (NDA), which Richards considers a “gagging order.”
In a letter sent to members of Motorsport UK, Richards expressed his dissatisfaction with the FIA's actions, accusing the organization of violating its own statutes. He claims the FIA, under Ben Sulayem’s leadership, has failed to maintain the "gold-standard levels of transparency, accountability, and integrity in sports governance."
Key Concerns Raised by David Richards
Richards, also the chairman of Prodrive and a former Formula 1 team principal, listed several concerns with the FIA’s actions under Ben Sulayem’s leadership. These include:
-
Failure to Meet Election Promises: Richards claims that Ben Sulayem has not fulfilled promises made during his election campaign. These promises included leading the FIA in a non-executive manner, delegating daily operations to a professional team, and ensuring full transparency.
-
Dismissals of Senior FIA Figures: Richards points to the removal or resignation of senior FIA officials under unclear circumstances as a key issue, suggesting a lack of transparency in the organization’s operations.
-
Limitation of Committee Powers: Richards also highlighted the decreasing autonomy of key FIA committees, including the Audit and Ethics Committees, which have been stripped of powers under Ben Sulayem’s leadership.
The NDA Dispute and Legal Action
The primary issue triggering Richards’ legal threat is the new confidentiality agreement that he was asked to sign before attending a World Motorsport Council meeting. Richards had already signed a confidentiality agreement in 2021, but the new NDA, which he describes as a “gagging order,” went much further than the previous one.
Richards objected to the following clauses:
-
All Information Is Confidential: The new NDA classified everything as confidential, making it difficult for Richards to share any relevant information he felt was necessary.
-
Lack of Due Process: Richards also raised concerns about the FIA’s discretion in determining if someone had breached the agreement, with no clear process in place for addressing violations.
-
Severe Penalties for Breach: The new agreement introduced a fine of €50,000 for any breach, along with the threat of undisclosed damages.
When Richards refused to sign the new NDA, he was excluded from the meeting. The FIA informed him that unless he signed, he would not be allowed to participate.
Richards’ Legal Response
In response to his exclusion, Richards stated that Motorsport UK’s legal team, along with French legal counsel, has formally challenged the FIA’s actions. They’ve asked for clarity on where the FIA’s statutes justify excluding an elected member from a meeting.
David Richards, former Chairman of Aston Martin (2007-2013) and founder of the successful Aston Martin Racing GT programme in 2004, has been a pivotal figure in motorsport leadership.
Richards also emphasized his commitment to confidentiality under his original agreement and expressed disappointment at the FIA’s actions. He said, "No one, least of all myself, would dispute the fact that certain matters must be treated as confidential and sensitive for external release. However, we should not allow that basic truth to be misused in order to create a blanket gagging order on volunteer representatives."
Richards warned that if the FIA does not address the concerns raised, he will proceed with further legal action.
FIA’s Response
The FIA responded to Richards’ exclusion by defending the use of non-disclosure agreements, stating that such agreements are "routine" in many organizations. They argued that the need for confidentiality is essential to protect the organization’s objectives and that the measures were “overwhelmingly supported by the super-majority of WMSC members.”
The Growing Tension
This conflict adds to the growing list of controversies surrounding Mohammed Ben Sulayem since his election in December 2021. These controversies include his views on women, changes to the Formula 1 rules, and the firing of senior figures within the organization.
Richards' concerns about Ben Sulayem’s leadership style and the lack of transparency within the FIA highlight a broader issue of governance in the sport. His legal threat is a significant development in the ongoing debate about the future direction of the FIA under its current president.
