Captain Scott (1868–1912)

Who was he? Naval officer and polar explorer, leader of the British Antarctic Expedition (1910–1912), and a national icon Farrer & Co’s involvement: Acting as Scott’s legal advisers shortly before he departed, including drafting his will ahead of the expedition, advising on contracts and media rights, and administering his estate in the aftermath of the tragedy.

Background

Captain Robert Falcon Scott was one of the most celebrated explorers of the Edwardian age. By 1910, he had been released part-time from naval duties to lead the British Antarctic Expedition, popularly known as the Terra Nova Expedition, with the goal of being the first to reach the South Pole.

In a world before air travel, this was the equivalent of a moon landing. It was a matter of imperial pride that a British naval officer should spearhead such an expedition. Over the course of 1909–1910, Scott raised funds, secured press interest, recruited crew, purchased the Terra Nova boat, and planned a mission that blended scientific aims with fierce national competition.

Our work

Legal support at speed (May–July 1910)

Scott first instructed Arthur Farrer in May 1910, just two months before his departure. Over a matter of weeks, and often diligently responding on the same day as updates came in from Scott, Farrer advised Scott on:

Ship’s articles for his crew
Drafting powers of attorney
Resolving a dispute with the Central News Agency over exclusive media rights
Drafting and executing Scott’s Will, just days before departure

This period shows Farrer & Co working with exceptional urgency and commitment. The firm's 1910 correspondence files provide a fascinating glimpse into how solicitors worked in the early days of typewriters, carbon paper, telegrams and the telephone: in a surprisingly modern way, which changed relatively little until the 1990s even with the advent of the computer and email.

Media rights and commercial agreements

Scott was acutely aware of the commercial value of his expedition. He sought to control news dissemination, recognising that public interest - and funding - depended on controlling the story.

One of the firm’s first instructions was to draft contracts with crew members to manage what would now be called media rights, ensuring that no public dispatches would precede Scott’s official reports. When a pre-existing agreement with one news agency became problematic, Farrer & Co stepped in to negotiate Scott’s withdrawal and manage the legal fallout.

The Will (July 1910)

On 15 July 1910, just before sailing, Scott signed his will and media agreement at Farrer & Co. He left for South Africa, and we continued to communicate via the General Post Office in Cape Town, advising on expedition expenses and offering to significantly reduce the firm’s fees in support of the brave endeavour.

Scott responded warmly, thanking the partners for their generosity and expressing excitement and optimism about the expedition’s prospects - sentiments now deeply poignant in hindsight.

Probate and the aftermath (1912)

In March 1912, Scott and his team perished in their tent on the return from the Pole, having discovered a Norwegian flag there - the Norwegians had beaten them by a month. Their bodies (and Scott’s diaries) were not found until November 1912, when the Antarctic thaw resumed.

Six weeks after Scott’s final entry, the firm wrote to Mrs Kathleen Scott, expressing hope that her husband’s scientific achievements would endure, regardless of the outcome. At that point, news of his death had not yet reached the UK.

When confirmation of Scott’s death came - to much public sadness and an outpouring of grief, Farrers acted in the administration of his estate, holding the last will, advising executors, and facilitating the sale of the Terra Nova. The firm also handled long-running copyright disputes over expedition film and photographic rights, which became enormously valuable after Scott’s death.

Why it matters

This engagement is a striking example of Farrer & Co supporting a client undertaking a complex and high-risk venture, where careful legal preparation was essential. Scott required practical, personal and commercial advice in time-pressured circumstances where the outcome was uncertain and decisions would be far-reaching.

It also reflects a recurring feature of the firm’s history - advising individuals whose actions and responsibilities reached well beyond their own lives. The Scott papers, rediscovered only recently by the Records team in off-site files labelled "Miscellaneous", are a nationally important archival resource, offering insight into the expedition and its leader from a legal perspective.

Among the most evocative finds was a bundle of original correspondence from 1910, held together with treasury tags - a stationery item officially (according to Wikipedia) invented two years after the document was dated. Technologically we were ahead of the game!

Scott’s personal dignity, scientific ambition, and tragic end are etched into British history - and Farrer & Co’s quiet but essential role demonstrates how important legal advice and preparation were, and still are. The surviving papers also reflect the urgency and personal responsibility with which the firm’s solicitor responded to Scott’s instructions, a reminder that timely, dedicated advice has long been an essential part of the firm’s approach.

Farrer & Co, 66 Lincoln's Inn Fields, London, WC2A 3LH, United Kingdom

Farrer & Co LLP is authorised and regulated by the Solicitors Regulation Authority (ID 447822)