A former Deutsche Bank executive who was convicted in Hong Kong for causing a fatal car accident has been denied permission to sue Ferrari in London over alleged brake defects. Robert Ebert, originally from London, was sentenced to 22 months in prison in 2015 after killing a security guard while driving his Ferrari 458 Spider. He served 14 months before being deported upon release.

Ebert maintained that brake failure was responsible for the crash, but the Hong Kong court accepted testimony from a Ferrari employee who stated such a malfunction was “impossible,” dismissing expert evidence presented on Ebert’s behalf. Following the conviction, Ebert sought to bring a case against Ferrari in London, asserting that the company had concealed problems with the brakes. He pointed to widespread recalls involving thousands of Ferraris, including his model, for similar issues.

In the London High Court, Judge Mrs Justice O’Farrell heard arguments from Ebert’s legal team, led by Andrew Butler KC, who claimed that the banker’s conviction had ended a career that could have generated earnings exceeding £8 million annually. Ferrari’s representatives, led by Tim Otty KC, countered that Ebert was attempting to sidestep proper legal channels. They argued that any request for disclosure of relevant evidence should be pursued either in Hong Kong, where the criminal trial took place, or in Italy, Ferrari’s home jurisdiction.

The judge ruled against Ebert, concluding that England and Wales were not the appropriate venue to hear the case. She expressed reservations regarding jurisdiction and found that the matter should be addressed through legal processes in the countries more directly connected to the incident and Ferrari’s operations.

The decision underscores the jurisdictional challenges faced by individuals seeking to litigate automotive defect claims arising in international contexts, particularly where criminal proceedings have already been conducted abroad.