Mr Justice Jay handed down his ruling from that hearing on Thursday. He allowed the matter to proceed and said Massa had a "real prospect of proving at trial" his case for damages.

However, to allow the declaration element of Massa's case to proceed "comes too close in my view to impinging on the right of the FIA to govern its own affairs", the judge said.

"Mr Massa is not entitled to claim declaratory relief for reputational or publicity reasons," he added.

"The present claim cannot of course rewrite the outcome of the 2008 drivers' world championship, but if declaratory relief along the lines sought were granted that is how Mr Massa would present his victory to the world and it is also how it would be perceived by the public."