Fernandes has also confirmed that two separate legal actions are under way with Group Lotus. One involves the use of the name, while the other specifically concerns the termination of the licensing agreement.
The first is unlikely to be heard until next summer, which means that there will be no legal resolution one way or the other before the start of the 2011 season.
"It's all been merged into one thing," said Fernandes. "They've agreed to put it all into one thing. They took action against me, Tune, and Lotus Racing and it's all now been merged into one action, from a cost side. I suppose that will happen sometime in the summer of next year, August/September."
The action involving the licensing agreement is more complex: "We had a five-year licensing agreement with Proton and Group Lotus, to go into F1 for five years. I think the intention was to save them money – they never wanted to go into motor sport," Fernandes said.
"We thought that one day we could merge the whole thing together. We wanted to be called Lotus F1 Team, with Clive Chapman doing Classic Team Lotus. We wanted to create a new heritage for Lotus. But when the license agreement was terminated, we had no choice. Luckily we had purchased Team Lotus. Otherwise we would have been nameless, so to speak.
"The licensing agreement was for Lotus Racing because they didn't want the word 'Team' in there, because they said David Hunt would injunct us. So they were pretty clear that we couldn't call ourselves Team Lotus. Why didn't they allow us to do that? So I think there is something to be said there.
“Dany Bahar unilaterally terminated the license, based on some T-shirts not being approved. We sent it all for approval; they just never replied. They were also unhappy that we had called our Renault 3.5 team a Lotus Junior racing team without approval.
"I was in the record industry for 15 years, and when somebody is unhappy with what the licensee has done, you write them a letter and say 30 days to remedy, or whatever. We never got a remedy letter, ever. So we are contesting the fact that this termination is illegal, and we will sue for damages for all our investment that we have put into Lotus Racing."