Pitpass and the Independent on Sunday broke the story that the McLaren fine might be illegal.

In short the allegation is that some of people on the WMSC (World Motor Sport Council) weren't eligible to vote on the McLaren fine. As a result the WMSC was acting outside its jurisdiction and the fine is illegal. Out of interest, Bernie Ecclestone is the most high profile member who voted but shouldn't have.

Here is what Pitpass says:

Not everyone who voted on the fine may have been authorised to do so. According to Article 14 of the FIA statutes, the WMSC “shall consist of … a total of 26 members who, with the exception of the president, must represent an ASN [national association] having at least one event entered on the international sporting calendar of the current year.” It doesn’t seem that this rule has been followed.

This rule may seem a little arcane but it is well intentioned. The idea is that, by ensuring that voting members represent national associations, conflicts on interests are minimised. No surprise that the FIA seems riddled with conflicts — Jean Todt, Ferrari chief, was also on the WMSC (but didn't vote).

The fact that a Ferrari rep was even allowed to turn up to the meeting is a shocker. What if Ron Dennis had a seat? Would he have been allowed to turn up? No. In a court of law would you allow a victim to sit on the jury? Definitely not. The next thing we'll discover is that Flavio Briatore sat on the McLaren-Renault spying jury.

So where does this leave McLaren?

After the fine McLaren said that they would not appeal the decision. It is unclear where they sit legally. Presumably they could pursue the FIA and WMSC through the courts for recompense. However, given the distractions of spygate and the desire to move on, I suspect McLaren will elect to take the fine on the chin.

Any pursuit of this will leave more bad blood among the ruling echelons of the sport and there isn't even any guarantee of success. Given the incompetence with which the team has dealt with other legal proceedings, Ron will need to find a new set of lawyers if he wants to try his luck. Expect him to focus on the team and winning this year's championship.

In any case McLaren have struck gold. The presence of Lewis Hamilton (and his extraordinary marketability) on the team will boost revenues by way more than the fine outlay.

I'd be surprised if we hear any more about this story again.