Ian Fleming (1908 - 1964)

Who was he? Ian Fleming was a journalist, former naval intelligence officer, and the creator of James Bond, one of the most enduring and popular fictional characters of the 20th century. Farrer & Co’s involvement: Instructed in 1961 to defend Fleming in a major High Court copyright infringement case over Thunderball. The firm advised on copyright law, litigation strategy, and settlement negotiations throughout the high-profile case, which concluded in 1963.

Background

When Bond met the courts

By 1961, Ian Fleming had become a household name. His James Bond novels were gaining huge popularity, and Thunderball - the ninth in the series - was poised to make the leap from page to screen.

But shortly after the novel’s publication, Fleming found himself at the centre of a major copyright dispute. Two screenwriters, Kevin McClory and Jack Whittingham, who had previously worked with Fleming on a draft film script, launched a claim for plagiarism. They claimed – probably with some justice – that Fleming’s new novel plagiarised their film script contributions.

Our work

A high-stakes defence under pressure

Fleming had not previously been a client, but in 1961 he turned to Sir Leslie Farrer, who swiftly brought in Matthew Farrer to advise. Together, they helped him navigate one of the most high-profile literary lawsuits of the decade.

The case was listed for a six-week trial in the High Court in November 1963, and it attracted intense media scrutiny. But after nine days of cross-examination, a settlement was reached - likely influenced by Fleming’s fragile condition.

Under the terms of the agreement Fleming retained authorship of the novel, but future editions were to credit the contributions of McClory and Whittingham. McClory also secured a co-producer role on the upcoming Thunderball film adaptation and reversion rights for any future remakes.

This proved to be a pivotal clause: over 20 years later, McClory exercised those rights by producing Never Say Never Again (1983), with Sean Connery returning as Bond in a rival film that outraged the Bond franchise’s main producers, Eon Productions.

Legacy: A dispute that outlived its author

Fleming died in 1964, just one year after the case was settled. But the legal battle he faced continued for decades — through McClory’s remake, further disputes over rights, and eventual resolution only in 2015, when Eon Productions finally bought out all claims from McClory’s estate.

A chapter in our history

Farrer & Co’s role in the Thunderball dispute is a unique example of our long-standing tradition of acting quietly and strategically in the background of high-profile cultural moments.

The case was handled with speed, diplomacy, and legal precision, despite the media glare.
Matthew Farrer worked closely with Fleming throughout the proceedings.
The matter is now part of both literary history and the global Bond franchise story.

Although the original files were passed to Currey & Co (then acting for the Fleming estate) around 2015, key materials were retained in our historical archives.

Why it matters

This case is a fantastic example of our calm confidence in high-pressure, high-profile situations that our clients rely on. By robustly defending Fleming during a crucial moment, the firm helped preserve the Bond brand and enable its evolution into one of the most successful franchises in film history.

It's also a story of discretion – of mindfully helping a client under personal and public scrutiny, at a time when they were suffering from hill health, and of quietly shaping events that would echo through British pop-culture for decades.

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