With excerpts from 1963 Court Case Documents

Chronology compiled by Sylvan Whittingham Mason



The THUNDERBALL Story (limited edition)


29th April 1959

"The trouble about writing something specially for a film is that I haven’t got a single idea in my head".

Ian Fleming to Kevin McClory

27th May 1959

Ernest Cuneo writes brief outline of story.

June/August 1959

Ian Fleming writes a memo of his version of Cuneo story.

July/August 1959

Fleming writes more detailed treatment of story.

September 1959

Leigh Aman telephones to say that Kevin McClory would like to get in touch with Jack Whittingham.

22nd September 1959

Jack’s first meeting with Kevin McClory.

25th September 1959

"Ian is meeting another writer called Jack Whittingham on Monday. I have had talks with him and gave him Ian’s first rough treatment, which he is extremely enthusiastic about, he also came back with some highly interesting and intelligent constructive story points".

Kevin McClory to Ivor Bryce

28th September 1959


Kevin McClory to Ivor Bryce

1st October 1959

"Meanwhile, Whittingham, whom I think I told you I greatly liked, is fiddling about most creatively with the story. I’m much impressed by Whittingham and he has some excellent ideas which cut out a lot of the muck at the beginning of my story".

Ian Fleming to Ivor Bryce

2nd October. 1959

First dated Whittingham notes on new opening sequence written and sent to Kevin McClory.

7th October 1959

"No news from Hitchcock. Meanwhile, the script writer is busily writing the script, and I gather, coming up with some excellent ideas, so no time is being wasted".

Ian Fleming to Ivor Bryce

9th October 1959

"I do feel sure that the sooner we can give a definite go ahead to Jack Whittingham, the better, as he is a most sort after writer in England, and will obviously not be idle for long"

"I enclose a very rough outline covering our suggested take over of an aircraft which was written by Jack Whittingham".

Kevin McClory to Ivor Bryce

14th October 1959

"For a thousand reasons I cannot be more than your shadow Chief of Staff. Annie, rightly, is terrified by the prospect of me being constantly away on the film and imagines heaven knows what, but at any rate she imagines it all, and I’m having much trouble with her on this account.

As to my help over the script, it will of course be forthcoming in full measure but simply must take second place to the rest of my rather complicated life. In any case, Whittingham will have to be number one on the script, because he is a script writer and I am not, and this is a professional job on which total concentration is necessary".

Ian Fleming to Ivor Bryce

14th October 1959


Ivor Bryce to Ian Fleming

17th October 1959

"I have a feeling that we should sign up Jack Whittingham forthwith. The only qualm is that, that is - for the first time, really sinking the landing craft behind you. Like deciding to give a party, & then actually putting the first invitation in the post. Not that I am faltering in any way. Still it is a milestone.

Would that Kevin was more reliable and businesslike. If Kevin was different though, he would no doubt be unable to make movies".

Ian Fleming to Ivor Bryce

20th October 1959

"Leigh & I had a meeting this morning with Jack Whittingham’s agent and we think we can get him to write the script for 5000 (today’s equivalent 150,000). This, for a writer of his experience, is less than he normally takes and I think we should make an immediate decision on this, and I do know that Walt Disney want very much to put him under contract. I will cable you as soon as I hear definitely that he can be obtained for this".

Kevin McClory to Ivor Bryce

21st October 1959

Fleming delivers second treatment of story incorporating work with Whittingham.

21st October 1959

"Timetable – I don’t think the film timetable will suit any of our conveniences quite as nicely, as you see it. The time you are essential is obviously during preparation of the script. Even if Whittingham writes every word, you really must be within reach for overall decisions. I think once that is over, you needn’t be there at all, except for fun. I personally think the Nassau shooting should be from mid-April to June when the weather is the most reliable".

"I like the new script better and better: so does Ernie".

Ivor Bryce to Ian Fleming

23rd October 1959

"So far as making a profit is concerned, I’m personally of the opinion that we have a financial winner in this film, whether done in colour or monochrome, so long as we have a couple of good stars, though J. de B. should remember, I think, that Bond must be an Englishman.

With Kevin as producer, X as Director, Aman perhaps as manager, Whittingham as script writer and you as general energiser, assisted as much as possible by me, I don’t see why the vehicle shouldn’t roll".

Ian Fleming to Ivor Bryce

24th October 1959


Kevin McClory to Ivor Bryce

Jack’s normal fee reduced on the understanding that this would be the first of a series of Bond screenplays. (See reference to first James Bond screenplay 27th October).

27th October 1959

Agreement drawn up between Xanadu Production and Jack Whittingham to complete first James Bond Screenplay later to be entitled "THUNDERBALL".

10 November 1959

Whittingham outline with temporary title "James Bond of the Secret Service"

24th November 1959

Jack meets with Ian Fleming in New York and is introduced to Ivor Bryce

26th November 1959

Contract signed between Jack & Kevin on behalf of Xanadu for 5,000. Jack assigns all rights "of whatsoever nature" in Thunderball to Kevin McClory.

7th December 1959

Kevin registers Thunderball title

December - February 1960

THUNDERBALL (Original title "LONGITUDE 78 WEST") the first ever James Bond screenplay completed by Jack Whittingham.

5th February 1960

Ernest Cuneo calls to ask if Jack has been paid yet and asked that the screenplay be sent to him direct instead of to Kevin and was negative about Kevin. They were getting nervous about having Kevin as Producer.

15th February 1960

Screenplay completed and re-titled THUNDERBALL
Nervousness continues about Kevin McClory as producer..


Messrs Saltzman & Broccolli enter scene.

Summer 1960

Unaware of any production problems, Jack writes a second draft of the screenplay.

28th October 1960

Fleming assigns Thunderball to Trustees – Glidrose Productions.

19th December 1960

Agreement signed between Glidrose & Jonathan Cape for Thunderball book rights.

21st March 1961

Injunction sought against Jonathan Cape publishers by Kevin McClory & Jack Whittingham fails in attempt to prevent forthcoming "Thunderball" novel debut.

27th March 1961

Fleming publishes Thunderball novel plagiarising Jack’s screenplayThunder Ball Book Coveron over 200 pages with no acknowledgements.

6th -10th May 1961

Letters of concern between Whittingham & Fleming – both suffering from heart attacks.

June 1961

Movie deal completed with Saltzmann & Broccoli

18th August 1961

First Richard Maibaum version of Thunderball hastily withdrawn.

"Actually, Cubby Broccoli, in his autobiography, When the Snow Melts, discusses this at some length. Originally, Broccoli, Saltzman, and Fleming all thought Kevin (and your father, although he is not mentioned by those I spoke to) would likely settle the matter. Maibaum’s script was withdrawn when everyone realized the matter would not be settled quickly. Maibaum also wrote about the first Thunderball script for Esquire magazine in 1965".(John Cork)

4th September 1961

Jack’s daughter, Sylvan Whittingham, starts 1st job as assistant secretary to Oswald Hickson, Collier & Co where Peter Carter-Ruck is Senior Partner. Shortly after McClory & Whittingham engage Peter Carter-Ruck to act for them in their case against Fleming.


1st official Richard Maibaum screenplay of Doctor No (written in 1961, with re-drafts by Berkeley Mather and Joanna Harwood
(and an unaccredited Wolf Mankowitz)

20th November 1963


At Chancery Division of the High Court, London. Initially McCLORY & WHITTINGHAM v FLEMING & BRYCE Then McCLORY solo with WHITTINGHAM as principal witness



Jack & Margot at Law Courts   

3rd December 1963

Case settled after 10 days in court. Due to brilliantly & meticulously prepared 999 document case by top copyright lawyer, Peter Carter-Ruck, Peter Carter-Rucka settlement was reached on this potentially lengthy trial and Kevin McClory was awarded film rights to ‘THUNDERBALL’ and 50,000 damages. Kevin abandons Jack Whittingham and eventually goes into production with Broccoli & Saltzman. He received a sole producer credit; Broccoli & Saltzman [who do produce] take a ‘presented by’ credit.


                                             Peter Carter-Ruck  ....
                                         Photograph Sylvan Mason

10th December 1963

Whittingham issues his own writ against Fleming for damages for libel, malicious falsehood and damage to professional reputation.

11th August 1964

Case abandoned when Ian Fleming dies of heart attack.

29th December 1965

THUNDERBALL – by now 4th Bond film PREMIERSThunderball Premier Brochure at The London Pavilion, Piccadilly Circus and Rialto Theatre, Coventry Street.


Jack takes up sailing (Went to the boat show; ordered small ketch; bought 6 books on sailing; spent weekend on friend Tom Farmiloe’s boat and set off for France. Miraculously survived many mishaps.
Known as "Basher" Whittingham at Solent boatyard.


Jack writes ‘Danger Man’ scripts for television

August 1965

Sylvan launches Jack’s boat and her pop record "We Don’t Belong".


Jack writes screenplay about Ian Fleming based on John Pearson’s
biography for The Sunday Times.


Jack writes screenplay about Oleg Penkovsky with Greville Wynne as consultant.


Operation for throat cancer at Royal Marsden Hospital. Continued to smoke in spite of Doctor's advice – thought it highly amusing to blow smoke rings through hole in throat!!


Jack dies in Malta aged 62 of merciful heart attack one month, sadly, before the birth of first grandchild Samuel to Jonathan and Jessica Whittingham, and Suilven’s (Sylvan’s) wedding to songwriter Barry Mason.


Ivor Bryce libels Jack & Kevin in his book "You Only Live Once" and Kevin McClory sues. The allegations were categorically withdrawn and Kevin was awarded "a substantial sum" for damages.

Apology made in the High Courts in 1975
to Kevin McClory and Jack Whittingham’s widow


In the statement in the High Court in the libel action on ’You Only Live Once’, it was stated that it was "a matter of sadness" to the plaintiff, Kevin McClory," that Jack was not there to defend himself against the wanton libel". The publishers and the author of the book, it stated, have withdrawn these allegations without reservation; agreed to apologise and to pay substantial damages to Kevin, which, it was added, "would remove the unwarranted blemish upon the late Jack Whittingham’s name".

"The publishers and the author stated in Court that they recognised these allegations should never have been made and apologised to Kevin and to the widow of the late Jack Whittingham".

1975 - 1985

Jack Whittingham’s widow and family remained unaware of this case, (and indeed, the book), as they had not been notified about the proceedings by Kevin McClory or told of the apology that had been directed to them, nor was any offer made to his widow for a share of the damages awarded.

In law, no right of redress survives for relatives of a deceased person who has been libelled, so that although the book seriously libelled Jack with a number of entirely false allegations, there were no means of redress for his widow. Nonetheless, the apology in Court was made for the "distress suffered by Jack’s widow" and it was felt that Kevin should surely have paid a share of the damages he received to her, for the unjust and ill-founded attack on Jack.


NEVER SAY NEVER AGAIN is released by Kevin McClory. This film was based on the original screenplay of Thunderball written by Jack Whittingham. No credit for this fact was given to Jack by Kevin, only a shared ‘Story’ credit. Jack’s widow & family were not notified that this film was to be made nor invited to Premier.

 Tony Jacklin, Sean Connery
& Sylvan - Spain 1972


Sylvan (Whittingham) Mason has collaborated with author Robert Sellars on the book "Battle For Bond"  - the history of Thunderball, which has been published by Tomahawk, and will be available in March 2007 to coincide with the release of Casino Royale on DVD.

Read Review Here


CBn Interviews Jack Whittingham's heirs.
Sylvan Whittingham Mason and Jonathan Whittingham on Thunderball, the swinging '60s, and the unmade Ian Fleming biography film.

        The Sylvan Whittingham Mason / Jonathan Whittingham CBn Interview


Grateful acknowledgements for their help to the following people:
Aimi Whittingham Mason.  Jeremy Vaughan.  John Cork – Ian Fleming Foundation


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Sylvan Mason 2002