A judge has ruled that a banker who accused Ferrari of covering up brake failure after he fatally struck a security guard cannot sue the supercar manufacturer for millions in the United Kingdom. The decision dismisses a pre-action application by Robert Ebert, who sought to compel Ferrari to release documents in London.
Ebert, formerly the head of equities for Deutsche Bank's Asia Pacific region, was driving his Ferrari 458 Spider in Hong Kong in June 2015 when he accidentally killed security guard Ku Lap-chi. He was subsequently convicted of causing death by dangerous driving, sentenced to 22 months in prison, and served 14 months before being deported. Ebert has maintained that the crash was due to brake failure and that Ferrari concealed information about such issues.
His legal team argued that a later recall of thousands of Ferraris, including his own, for issues with a brake reservoir fluid cap suggested a systemic problem that Ferrari knew about. They claimed Ebert lost a career potentially earning up to $11 million annually due to his conviction. Solicitors for Ebert also pointed to online Ferrari forums with discussions about brake concerns dating back to 2021.
However, Ferrari's legal representatives contended that Ebert was attempting to circumvent proper legal procedures. They argued that any disclosure applications should be made in Hong Kong, where the accident occurred and the trial took place, or in Italy, where Ferrari is based.
Mrs. Justice O'Farrell, presiding in London's High Court, agreed with Ferrari, stating that England and Wales were not clearly or distinctly the appropriate forum for the dispute. She noted that while Ebert resides in England and claimed losses incurred there, the other significant links to the jurisdiction were absent. The judge highlighted that the fatal accident, the examination of the scene and vehicle, and the criminal trial all occurred in Hong Kong, making it a more appropriate venue.
Ferrari denies that the recall had any relevance to the accident or Ebert's conviction. The judge acknowledged that without the requested documents, it would be difficult for Ebert to formulate a detailed claim but emphasized that the factual and legal basis for such a claim had not been sufficiently outlined. The ruling means Ebert's attempt to pursue his case against Ferrari in the UK has been unsuccessful, with Hong Kong or Italy now appearing as the more likely jurisdictions for any future legal action.