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Damages for haulier in 'Headlight' libel action

12th June 1970, Page 18
12th June 1970
Page 18
Page 18, 12th June 1970 — Damages for haulier in 'Headlight' libel action
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Which of the following most accurately describes the problem?

• Mr R. S. Heaton, managing director of Heaton's Transport (St Helens) Ltd, which operates 50 vehicles, was awarded libel damages at Liverpool Assizes last week. It was alleged that the magazine Headlight had published a letter in April 1964 which described the company's drivers as "zombies" employed by "slave trade masters".

The allegation was contained in a letter from Mr Thomas Bolton, of Northwich Road, Weaverham, Cheshire, who, together with the magazine, was ordered to pay £750 damages with costs.

Mr Michael Kempster QC, for Mr Heaton, said that the letter started: "Sir Stephen McAdden in his article in Headlight last month asks of the MI pile-up: 'Were they lorry drivers or "zombies" owing to the fact that they are employed by "slave trade masters," (Tory free enterprise)?'

"Two firms in a small place like St Helens in Lanes are now running from -St Helens to London and back in a night and not all on motorway. One firm pays its drivers 17 hours per night and the other had a vehicle in the M1 pile-up". Mr Kernpster said that the remark had greatly injured Mr Heaton's credit and reputation as a. road haulier.

Mr Justice Crichton said that although the defence was that the • term "slave trade masters" did not refer specifically to Mr Heaton, he was satisfied he was identified as the subject of the remark. In assessing the claim, he took into consideration that, in the six years which had elapsed, Mr Heaton had prospered in that he now had 50 instead of the 30 vehicles he possessed at the time of the incident.

After the case, Mr Heaton told CM that in 1964, and on subsequent occasions, he had offered to drop proceedings provided the journal published a letter of apology and donated the sum of £100 to a charity which Mr Heaton would name. He also said that this sum had subsequently been dropped to £50. "I was still prepared to drop the case three weeks ago if Headlight had published a letter of apology", said Mr Heaton.

Mr Heaton estimated that the damages and total costs would amount to about £4000.