Formula One is enjoying unprecedented global popularity, with record audiences and growing commercial influence worldwide. Yet in 2025, F1 made headlines in the English High Court for a very different reason – a legal battle about time limits for bringing claims. The case of Massa v Formula One Management Limited and Others has drawn attention not only because it involves a former F1 driver, but because it highlights an important provision of English law that can allow claims to be brought many years after the original events. This provision is Section 32 of the Limitation Act 1980.

This update explains, in practical terms, how Section 32 works and why it is important for clients involved in disputes where key facts may have been concealed.

What Was the Background of the Massa Case and How Did Section 32 Arise?

Mr Felipe Massa was an F1 driver who narrowly lost the World Championship to Lewis Hamilton in 2008. Many years later, allegations resurfaced that a race during that season had been deliberately manipulated for competitive advantage. Mr Massa alleged that senior figures within Formula One and the sport’s governing bodies were aware of this manipulation at the time but deliberately concealed it to avoid reputational damage.

Crucially, Mr Massa argued that he only became aware of the full extent of this alleged concealment in 2023, following public statements made by a senior former F1 figure Mr Bernie Ecclestone. On that basis, he relied on Section 32 to argue that the usual time limit should only start running from 2023, not from 2008.

The defendants applied to strike out the claim on the basis that it was clearly too late. The High Court refused those applications. The Court held that the issue of deliberate concealment under Section 32 was fact-sensitive and could not be determined summarily. The Court was satisfied that there was a real prospect that Mr Massa could establish deliberate concealment at trial, based on the pleaded evidence, including the timing of knowledge within the sport’s authorities and subsequent public disclosures.

What Are Limitation Periods?

Firstly, let’s start with what limitation periods actually are. In England and Wales, most legal claims must be started within a specific time limit, known as a limitation period. For example:

1. Most contract and negligence claims must be brought within six years.
2. Personal injury claims usually must be brought within three years.

If a claim is started after the relevant time limit has expired, it will normally be time-barred, regardless of its merits.

In the Massa case, the events complained of occurred in 2008, but the claim was not issued until 2025 – well outside the usual six-year time limit. The claim could only proceed if an exception applied.

What Is Section 32 of the Limitation Act?

Section 32 provides an important protection for claimants where wrongdoing has been deliberately hidden. In simple terms, it says that the time limit for bringing a claim does not start running until the claimant has discovered, or could reasonably have discovered:

1. That a relevant fact was deliberately concealed;
2. That the claim is based on fraud; or
3. That there was a deliberate breach of duty which was unlikely to be discovered at the time.

Where Section 32 applies, the legal “clock” is effectively paused until the truth comes to light.

How Does Section 32 Work in Practice?

From a practical perspective, Section 32 operates in four key steps:

1. A relevant fact must exist
   This is a fact that the claimant needs in order to bring a proper legal claim.
2. That fact must have been deliberately concealed
   This means more than simple silence or oversight — there must be intentional hiding of the truth.
3. The court must determine when the claimant discovered the truth
   Or when they could reasonably have discovered it by making sensible enquiries.
4. Only then does the normal time limit begin to run
   The usual six-year or three-year period starts from that later discovery date, not from the original wrongdoing.

Importantly, having suspicions is not enough. A claimant must have sufficient information to understand that a legal claim truly exists.

Why Is This Important for You?

Section 32 is particularly relevant in cases involving:

1. Fraud and financial misconduct;
2. Concealed regulatory breaches;
3. Professional negligence that only later becomes apparent;
4. Corporate or institutional wrongdoing.

The Massa case shows that even where many years have passed, a claim may still be legally viable if key facts were deliberately hidden and only uncovered later. It also demonstrates that courts are generally cautious about dismissing such claims at an early stage, especially where concealment is alleged.

For defendants, it is a reminder that the passage of time does not always provide a guaranteed defence if concealment is involved. For claimants, it offers reassurance that time limits may not defeat a claim where the truth has only recently emerged.

Conclusion

Section 32 of the Limitation Act 1980 plays an important role in ensuring fairness where wrongdoing has been deliberately concealed. The Massa case illustrates how this provision can revive claims that would otherwise appear to be long out of time. While each case will always turn on its own facts, the key message is clear: where concealment is involved, limitation is not always the final word.

If you believe that important facts relevant to a potential claim may have been concealed from you, early legal advice is essential. Timely action following discovery is critical, even where Section 32 may apply.

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James Cook

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