What is a Cease and Desist letter?

A cease and desist letter is a formal document sent to an individual or organisation to demand they stop engaging in a specific activity that is unlawful, or infringes the rights of the sender.

Cease and Desist Letter vs Letter of Claim

While both a cease and desist letter and a letter of claim are tools used to address legal disputes, they serve different functions.

A cease and desist letter is a warning to halt certain actions without immediate legal action being taken, while a letter of claim is a formal initiation of legal proceedings that outlines the specifics of the claim and, in most cases, also seeks a resolution.

What is a Cease and Desist Letter For?

The primary purpose of a cease and desist letter is to put the recipient on notice about their allegedly unlawful behaviour, in the hope that the behaviour would stop. This cease and desist letter has several key functions:

• Formal Notification: the recipient is put on notice that their actions are considered inappropriate or illegal, providing them an opportunity to rectify the situation before further legal action is taken.

• Documenting Intent: sending a cease and desist letter records the sender’s intent to resolve the matter amicably if at all possible. This can be useful if the issue escalates to litigation at a later stage.

• Encouraging Compliance: By outlining the potential legal consequences of non-compliance, the ceases and desist letter encourages the recipient to cease the infringing behaviour to avoid further legal action being taken against them.

• Cost-Effective Resolution: A cease and desist letter may resolve disputes without the need for costly and time-consuming court proceedings, making it a practical first step in addressing grievances, in some cases.

When Can Cease and Desist Letters Be Sent?

Cease and desist letters can be used in various legal scenarios, including:

• Harassment or Nuisance: In situations of harassment, stalking, or nuisance behaviour, a cease and desist letter can serve as a formal warning to the offending party to cease their actions.

• Defamation: Individuals or businesses may send cease and desist letters to address defamatory statements made about them. The letter may demand the retraction and deletion of the untrue statement and cessation of any further publication.

• Breach of Contract: If one party believes that another party is violating the terms of a contract, they may issue a cease and desist letter to demand that the offending party stop such actions.

• Intellectual Property Infringement: Another common use of cease and desist letters is in cases of copyright, trademark, or patent infringement. For example, if a business believes another entity is using its trademark without permission, it may send a cease and desist letter demanding that the infringing party stop using the mark.

There are other types of case where cease and desist letters can be sent, and if you are unsure about whether it would be appropriate in your case, you should seek legal advice. 

Can I Ignore a Cease and Desist Letter?

There is no law which says you absolutely have to respond to a ceases and desist letter. However, if you ignore such correspondence, it can lead to further legal action being taken against you.

If you have received a cease and desist letter, you should take it seriously and seek legal advice about how you should respond.

Whether you are considering sending a cease and desist letter to an opponent, or if you have received one, seeking legal advice at an early stage is highly advisable. Contact us for a no obligation discussion with one of our specialist solicitors about how we can help.