Andrew Butler KC and Thomas Dawson appear in high-profile litigation against Ferrari

Andrew Butler KC and Thomas Dawson represented Robert Ebert in the first round of what looks likely to be a high-profile legal battle over an accident in which Mr Ebert was involved in Hong Kong in 2015.

Mr Ebert lost control of his Ferrari 458, as a result of which a bystander tragically died. Mr Ebert maintained that the brakes on the vehicle failed, but a Ferrari employee who gave evidence at his trial testified that Mr Ebert’s evidence could not be reliable having regard to the quality of the braking system installed.

Mr Ebert was convicted of causing death by dangerous driving and served 14 months in prison in Hong Kong, as a result of which he lost his senior position at Deutsche Bank. At the end of his sentence he was deported from the territory, as a result of which he still suffers limitations on his freedom of movement.

In 2022, however, Ferrari issued a product recall for a class of vehicles including Mr Ebert’s on the basis of defects with the braking systems.

Mr Ebert now seeks Pre-Action Disclosure against Ferrari to ascertain what if anything they knew of these defects at the time of his trial. Ferrari have issued a challenge to jurisdiction on the basis that Pre-Action Disclosure can only be obtained where relevant documents are within the jurisdiction. That challenge was heard yesterday by Mrs Justice O’Farrell at the Rolls Building and a decision is awaited.

Andrew and Thomas are instructed by Hugh Hitchcock at Acuity Law.

Media coverage
This matter has been reported in The Independent following the latest developments. Read the article here.