The Stopes v Sutherland legal battle began in May 1922 and concluded in December 1924. Legal precedents from the case are still cited in libel disputes today.
The case was a civil matter for the tort of defamation (libel).
Timeline:
1921, March. Dr Stopes opens The Mothers Clinic with her husband Mr Humphrey Roe.
1921, August. Dr Stopes founds The Society for Constructive Birth Control and Racial Progress (CBC). The vice-presidents include ‘names of world-wide significance including: Sir James Barr (eminent physician and president of the BMA), Sir William Bayliss (distinguished Professor of Physiology at University College London), Dame Clara Butt (concert singer), Edward Carpenter (philosopher and poet), John Maynard Keynes (economist), Sir William Arbuthnot Lane (physician and surgeon), Lady Constance Lytton (suffragette), Aylmer Maude (biographer, friend and translator of Tolstoy), Bertrand Russell (philosopher and mathematician), and H.G. Wells (writer). The aims of the CBC are shown here.
1921, July. Dr Louise McIlroy gives a talk on contraception at the Medico-Legal Society in London attended by Earl Russell, George Bernard Shaw, Dr Armand Routh, Dr Halliday Sutherland and others.
1922, March. Harding & More publish Birth Control: A Statement of Christian Doctrine Against the Neo-Malthusians by Dr Halliday Sutherland.
1922, April. Humphrey Roe, as secretary of The Society for Constructive Birth Control and Racial Progress writes to Dr Sutherland challenging him to a debate. Dr Sutherland did not reply to the letter.
1922, May. Dr Sutherland (and co-defendants Harding & More) served with a writ for libel by Dr Stopes (through her solicitor, Braby and Waller).
1922 July. The Fifth International Neo-Malthusian and Birth Control Conference takes place in Kingsway Hall, London attended by prominent international figures, including John Maynard Keynes, Dr C. Killick-Millard, Margaret Sanger and H.G. Wells.
1923, February. The Stopes v Sutherland libel trial takes place in the High Court, London over six days. During the trial Winnie, Stopes’ sister, dies. The jury gives its verdict and, following legal argument, the judge finds for the defendants. Dr Stopes files an appeal.
1923, July. Stopes wins when her appeal is successful and she is awarded damages of £100.
1924, December. The co-defendants successfully appeal to the House of Lords. The decision to award damages is cancelled and costs are awarded against Stopes.
Interactions between the parties
High Court
Verdict delivered: 1 March 1923
In favour of: Dr Halliday Sutherland and Harding and More (co-defendants)
Dates: 21 February 1923 – 1 March 1923 (the dates on which the Court sat were 21, 22, 23, 27, 28 February and 1 March).
The Judge: Lord Hewart, the Lord Chief Justice of England.
Plaintiff: Dr Marie Stopes
Defendant: Dr Halliday Sutherland
Co-defendant: Mr Vincent Waring, Harding & More.
Court Officials:
- Counsel for the plaintiff: Mr Patrick Hastings KC, Sir Hugh Fraser and Mr Metcalfe. Solicitor for the plaintiff: Braby & Waller.
- Counsel for the defendant: Mr Ernst Charles KC, Mr Rabagliati and Mr Harold Murphy. Solicitor for the defendant: Russell & Co
- Counsel for the co-defendant: Serjeant Alexander Sullivan KC, Mr Theobold Mathew.
Jury:
Of the twelve men of the jury, the name of only one is known, Mr Maurice Spencer.
Witnesses for the plaintiff (in order of apearance):
- Sir James Barr
- Dr Marie Stopes
- Nurse Maud Hebbes
- Sir William Arbuthnot Lane
- Dr Harold Chapple
- Sir William Bayliss
- Dr Meredith Young
- Dr Jane Hawthorne
- Dr George Jones
- Rt Hon George Roberts MP
Witnesses for the defendants (in order of appearance):
- Professor Louise McIlroy
- Dr Halliday Sutherland
- Dr Arthur Giles
- Dr Frederick McCann
- Dame Mary Scharlieb
- Dr Agnes Savile
- Dr William Falkner
- Sir Maurice Abbott Anderson
Witnesses by subpoena:
- Dr Norman Haire
Court of Appeal
Verdict delivered: 20 July 1923
In favour of: Dr Marie Stopes
Judges:
- Lord Justice Bankes
- Lord Justice Scrutton
- Lord Justice Younger (dissenting)
House of Lords
Verdict delivered: 21 November 1924
in favour of: Dr Halliday Sutherland and Harding & More (co-defendants)
Judges:
- Viscount Cave, Lord Chancellor
- Viscount Finley
- Lord Shaw of Dunfermline
- Lord Wrenbury (dissenting)
- Lord Carson