LOTUS HEARING SET FOR NEXT WEEK
By Ian Parkes, Press Association Sport
An initial hearing into the rights surrounding the Team Lotus name is due to be heard in the High Court next week.
The furore between Team Lotus owner Tony Fernandes and Group Lotus has rumbled on over the past few months, and at times turned into a public slanging match.
Fernandes claims he bought the rights to use the Team Lotus name in Formula One from previous owner David Hunt, brother of 1976 world champion James.
Fernandes� team are to compete under that name this season after last year taking to the track on their debut as Lotus Racing.
He maintains he purchased the rights as he became aware that Group Lotus - who operate under the umbrella of car manufacturing giant Proton - were preparing themselves to terminate a licensing agreement that allowed the Malaysian to use the Lotus name in F1.
Group Lotus subsequently carried out such an annulment, and last month announced a seven-year title sponsorship agreement with Renault.
Fernandes is adamant his deal is legal, and has opted to pursue a case through the courts to validate his claim.
A summary judgment - a determination made by a court without a full trial - is scheduled for either Monday or Tuesday of next week.
However, Team Lotus are expecting the judge to declare that all the facts are difficult to establish, and that the case will proceed to a full trial at some stage next winter.
That would still leave the door open for a potential settlement out of court before then, as was yesterday suggested by Group Lotus CEO Dany Bahar.
��I don�t think it will be a matter solved by English courts,�� said Bahar.
��I think it will be solved before that. But if we have to go the legal way, we will, and our shareholders will support that.��
end
I have recently received a note from Team Lotus confirming that they will start the season under the Team Lotus banner with the authority of the English Courts at the summary judgement stage. Although confident of the outcome the judge effectively threw the claim by Group Lotus out of the window. Even so, there will still be a full court case in March as Group Lotus appeal the summary justice and try to prevent them from using the Lotus name.
It seems that the Group Lotus claim on the name Team Lotus is now on an upslope…
The full press release reads:
Hingham, UK 24th January 2011
Team Lotus is delighted that we were successful at the Summary Judgment Application hearing today and that the Judge threw out Group Lotus’ application even before hearing the arguments of the barristers on either side.
Although this decision was never in doubt, it means that we start the 2011 season under the Team Lotus name. Whilst we expected that the Judge would refuse this application, it is good to have the decision in black and white.
The Judge also felt that it was in everyone’s best interests to bring the hearing date for the full trial forward and that is now fixed for 21st March rather than us having to wait until Autumn 2011 or even later. We remain confident that we will succeed at the full trial and we can now focus on the challenges ahead in the 2011 FIA Formula One� World Championship.
Group Lotus and Proton are delighted with the outcome of yesterday�s hearing in which the Judge ordered a full trial of this matter to be heard as soon as possible given the proximity of the start of the new 2011 Formula 1� season in a few weeks. The trial has been fixed at the English High Court for 21 March 2011.
Group Lotus and Proton have been made aware of the press release issued by 1Malaysia Racing Team (1MRT), it is completely incorrect and a misrepresentation of the Judge�s decision suggesting that Group Lotus� application was �thrown out�. No decision was made on Group Lotus� application. The Judge proposed that the better procedural route was to order a speedy trial of all the issues in dispute in the case. 1MRT initially resisted the Judge’s approach to resolve all matters quickly and before the start of the 2011 Formula 1� season but the order was subsequently made and the first available date was 21 March.
Group Lotus and Proton have always held the view that this matter should be resolved as soon as possible in the interests of Formula 1� and the fans. We therefore welcome this decision and look forward to the full trial. We are confident that at the trial Group Lotus will succeed in preventing 1MRT, Mr Fernandes and his companies, from using the Lotus name in Formula 1� once and for all.
The new Team Lotus car (The Green and Yellow one) is to be designated the TL11 according to this press release from Team Lotus. And it gets an ‘on-line’ launch as well…
TEAM LOTUS LAUNCH 2011 CAR IN TEAM LOTUS NOTES
Team Lotus will launch its 2011 car, the TL11, exclusively free and online in the Team Lotus Notes magazine at 0500 (GMT) on Monday 31st January via www.teamlotus.co.uk
Team Lotus Notes is the team�s exclusive free magazine that gives readers unprecedented behind-the-scenes access to Team Lotus on and off track. Subscribers to the magazine will be sent the TL11 launch edition before images of the car appear anywhere else online - free subscription is available now via the website www.teamlotus.co.uk
The team will then be attending the first test of the season in Valencia with Jarno Trulli and Heikki Kovalainen at the wheel of chassis TL11-01 and have opted to take advantage of the 2011 rules and not run on Tuesday 1st February, replacing that date with a private test day and on-track filming on Friday 4th February.
T01 Valencia schedule
Tuesday 1st February
Media day � Jarno Trulli, Heikki Kovalainen, Mike Gascoyne, Riad Asmat and Tony Fernandes available for interview on request
Wednesday 2nd February
0845 � 0850 Team Lotus photocall in pitlane
0900 � 1700 Heikki Kovalainen
Thursday 3rd February
0900 � 1700 Jarno Trulli
Friday 4th February - Filming / Private Test Day
0900 � 1700 Jarno Trulli / Heikki Kovalainen
