FIA and Rubython Issue Contradicting Clarifications

The FIA and Business F1 publisher Tom Rubython both issued clarifications on the court hearing held yesterday in London, with the FIA stating Rubython had 'lost on all counts' while the latter stating the case was rejected over jurisdiction and left open for debate in another country.

Rubython, who was formerly the publisher of Formula One's official magazine, applied for a high court injunction after the FIA refused to give his new magazine, Business F1, press accreditation for the Australian Grand Prix. The FIA stated the magazine does not conform with the requirements for credentials.

The legal arguments were heard yesterday in a London court, however judge Lord Justice Gray rejected Rubython's case. This is where the FIA and Rubython, however, offer differing accounts on the decision.

In a press release Rubython states that "the injunction was refused principally because the FIA argued it was domiciled in Paris and not subject to a British court's jurisdiction... The actual merits of the case were not argued as [our] lawyers failed to get over the domicile issue."

The FIA, at the same time, issued a clarification on the case stating that Rubython had "lost on all counts, had costs awarded against him and been refused an appeal by the judge."

The outcome of the case vindicated the FIA's decision, said a spokesperson, who added that it was also entirely inaccurate to suggest that this week's court case had played any part in causing FIA president Max Mosley not to travel to Melbourne for the Australian Grand Prix.

The spokesman further stated that Rubython retained the right to appeal to the Court of Appeal against the judgment.

Rubython said he now plans to pursue this case in the Paris court that has jurisdiction and also make a formal complaint to the European Commission. "I didn't want to pursue the legal route in the first place but now I have to," he said.

Rubython is supported in his actions by the London based National Union of Journalists (NUJ) and the Brussels based International Federation of Journalists (IFJ).