"As Publishing Director for Octane I would like to clarify a few points that have been made about Octane's involvement in this case.

First of all, I would like to say that Mark is one of the most gifted and respected historic racing car drivers in the business. There is good reason why he is trusted by many collectors to drive and race some of the world’s most valuable cars. Mark has been, and continues to be, one of Octane’s most trusted writers – very few people can place the reader in the ****pit of a racing car and describe the experience quite as eruditely as Mark can.

Octane was one of a number of magazines that received a feature set up by Mark Hales directly with David Piper, comparing his Porsche 917 replica and Nick Mason’s Ferrari 512S. Octane was asked to provide insurance cover for the photo shoot and did so; the insurance policy explicitly states it does not cover mechanical failure. That is standard industry practice and is understood by freelance journalists and owners who lend their cars out in such a way.

There is significant risk involved in driving old cars. For professional drivers such as those hired to drive cars at events such as Goodwood Revival, or to test cars for magazine features, there has to be trust between driver and owner. Features in publications can add provenance, awareness, and ultimately help in the sale of a car. Most owners accept liability for mechanical failure in these circumstances as part of the general cost of ownership of old and hard-used classic racing cars.

Octane was drawn into negotiations between David Piper and AON insurance company, which ultimately refused to pay after prolonged discussions on the basis that the damage was caused as a result of mechanical failure. At that point Octane offered David Piper part-payment towards the repair costs on a goodwill basis as it was one of several magazines to publish the feature. Piper refused the offer and unfortunately the case found its way to the High Court. This should never have been allowed to happen.

It has been suggested by some that the magazines involved had left Mark to fend for himself but that is a naïve view of the legal process. Piper sued Mark Hales directly and neither Octane nor any of the other magazines involved were invited at any point to provide evidence or to appear in court.

This is an extremely unusual and unfortunate case. We are lucky in our industry to have many generous owners of these great motor cars who are realistic about their usage and testing and will continue to offer magazines the opportunity to share them with a wider public.

Geoff Love"