Force India have since suggested that the FIA, Formula One’s governing body,
might wish to look at the case in view of the fact that McLaren were fined
$100 million after being caught in possession of confidential technical data
belonging to rivals Ferrari. The governing body has not yet commented.
At Friday’s costs hearing Mr Justice Arnold dismissed the Force India claim
that costs should be awarded against the defendants, noting that no damages
were ever claimed, let alone awarded, on the particular question that
Aerolab was found guilty of.
Gascoyne was awarded £400,000 interim costs on a full indemnity basis from
Nov 2011, which is when his lawyers wrote to Force India’s lawyers offering
to settle the case. Force India are believed to have declined an
out-of-court settlement offer of €250,000.
Gascoyne has been awarded costs on a standard basis before Nov 2011. Costs of
£250,000 were awarded to 1MRT on the same basis.
The news will be a further blow to Force India whose team principal and
co-owner, Vijay Mallya, is facing financial problems, with his Kingfisher
Airlines company on the ropes.