BAR Ready to Fight in Civil Court

The Brackley-based team will hear on Thursday whether the FIA Court of Appeal does agree with the governing body that the team deliberately cheated by illegally using fuel as ballast during the San Marino Grand Prix.

Should the court decide to follow the FIA's call for the team to be thrown out of the 2005 World Championship, then BAR have warned that they not take the ruling sitting down.

With the FIA Court of Appeal the highest authority within the governing body to make a decision, that means BAR would have to resort to civil action in a bid to appeal the penalty.

"What happens next obviously depends on the severity of the punishment dealt out," said team boss Nick Fry. "Obviously if we were to be excluded from the Championship then we have no choice but to take it further, but we are assuming at the moment that that won't be the case."

When asked whether that definitely meant a civil court action in the event of being thrown out of the Championship, Fry explained: "In terms of the FIA and the Concorde Agreement, obviously this is the final port of call as it were. So we can go no further.

"We would only consider that eventuality (of going to the civil court) if the requested penalty of getting chucked out of the Championship was imposed because then we would have nothing to lose.

"And secondly, if there was a major suggestion that we have cheated because we have not, then that really goes to the core of the operation of our team and we would have to refute that."

It is not clear whether the team would choose to appeal the decision if it were to receive a penalty of race bans rather than complete exclusion from the Championship.

Should the Court of Appeal agree with BAR's defence and clear them of any suggestions of foul play, then the FIA themselves will accept that verdict.