BAR prepares counter claim against PPGI.
The BAR team has signalled its intent to seek redress for the damage it has been caused by the ongoing wrangle over supposedly unpaid fees with French company PPGI, having been forced to miss free practice at Magny-Cours while a judge overturned an improper seizure order for its cars.
The team has now successfully negotiated the release of its equipment, and will be able to take part in first qualifying for the French Grand Prix as planned, but not before a drawn out emergency court hearing at a local court house.
The BAR team has signalled its intent to seek redress for the damage it has been caused by the ongoing wrangle over supposedly unpaid fees with French company PPGI, having been forced to miss free practice at Magny-Cours while a judge overturned an improper seizure order for its cars.
The team has now successfully negotiated the release of its equipment, and will be able to take part in first qualifying for the French Grand Prix as planned, but not before a drawn out emergency court hearing at a local court house.
The hearing, presided over by the same judge as issued the seizure order, allowed BAR to puts its side of the argument - something it was not able to do when the matter initially arose at the Monaco Grand Prix - and resulted in the order being lifted late on Friday morning.
Judge Girard instructed PPGI to pay a proportion of BAR's costs, as the case would not have been required had the seizure order not been improperly imposed, but the team has said that it will also be seeking financial redress for damages caused by a breach of agreement by its opponent.
BAR issued the following statement in a attempt to explain proceedings:
"Further to the seizure of BAR assets at the Magny-Cours circuit yesterday, the team is pleased to confirm that the court order obtained by PPGI was successfully overturned in court in Nevers, France, this morning, the judge agreeing with BAR's submission that the original seizure order was invalid because he had no jurisdiction in this matter.
"BAR's cars and equipment, which were sealed in its two transporters overnight pending the outcome of this morning's hearing, have now been released unconditionally and the team will recommence its preparation for Sunday's French Grand Prix.
"Lawyers representing the team were in court at Nevers at 0900CET in front of the same judge, Monsieur Girard, who had granted the original seizure order. The case for the team was presented within 15 minutes of the start of the hearing, but the judge informed the court that he was not in a position to make a decision until 1130CET. The result of his action was that Jacques Villeneuve and Jenson Button were unable to take part in this morning's free practice session, [although] both drivers will be participating in this afternoon's first qualifying session at 1400CET.
"In a procedural error, the case was heard by a commercial court rather than a civil court, and presided over by Monsieur Girard, who is a lay justice of the peace rather than a professional judge. In addition, at the first hearing on 18 June, the court was only presented with the case for PPGI, and therefore the judge was not fully aware of all of the facts. The team was confident that, once the court was made aware of the full situation this morning, the original order would be overturned.
"Further to proceedings at the time of the Monaco Grand Prix, the team's lawyers had been in discussion with those of PPGI, with the clear objective of reaching a mutual agreement. In order to facilitate this process, PPGI provided written assurance to the team that they would not seek any further legal intervention prior to 30 June. The timing of the court's orders on 23 and 25 June is clearly in breach of this agreement, which was in good faith, and the subsequent material damage which has been inflicted upon the team this weekend will necessitate a counter-claim by the team on PPGI.
"In addition the judge ordered PPGI to pay a proportion of BAR's legal costs."