These resources have been assembled to assist researchers to understand the Stopes v Sutherland libel dispute.
The Tort of Defamation
Salmond’s The Law of Torts is an excellent resource to understand the law of defamation/libel at the time of the Stopes v Sutherland libel trial. Click on the page below to read a copy of the book at archive.org.
Stopes v Sutherland: Chart of legal documents
This chart of the legal documents relating to Stopes v Sutherland 1923 has been prepared to enhance understanding of the case. Each column relates to a legal document in chronological order. Each row contains a thread so that the reader can follow, for example, what defences were used. While the chart is not a substitute for reading the original documents, it is an aid for understanding the legal issues.
The words that led to Stopes v Sutherland
The defamatory words were contained on pages 101 and 102 of Birth Control: A Statement of Christian Doctrine Against the Neo-Malthusians. The scanned copy below is of the copy used (and marked-up by) Lord Chief Justice Hewart during the High Court trial.
Letter from Halliday Sutherland to Cardinal Bourne 16 February 1923
The leadership of Cardinal Bourne was instrumental in enabling Sutherland to prepare for the case. Bourne loaned £400 of his personal funds towards Sutherland’s legal costs. When sufficient funds were received the loan was repaid, however Bourne tore up the cheque making it a donation and gave an additional £100 for the cause. In this letter, Sutherland thanks the Cardinal for his support. The letter also shows Sutherland’s jubilation that Stopes’ barrister, Sir Leslie Scott K.C. had returned the brief meaning that there was a late change to Patrick Hastings K.C. The reference to the “bombshell” related to the issuing a subpoena to Dr Norman Haire who ran Britain’s second birth control clinic. Haire’s testimony was very damaging to Stopes’ case.
Letter from Cardinal Bourne to Dr Sutherland at the conclusion of the High Court Trial
