Cease and Desist Letters: The initial warning.

What are cease and desist letters, why should I use them, why are they important and when should they be issued?

As in the name, cease and desist letters are a written statement requesting the recipient to stop a specific activity and can be the first step in putting the recipient at notice.

 

This may include the notification that the recipient’s actions are inappropriate, damaging or unlawful and therefore they must stop immediately. If the event that the letter is disbarred, then legal action will commence. It should be considered a warning. It can often be incorporated into a pre-action strategy.

Often going to court and proceeding with litigation can be time consuming, expensive and stressful. So, before diving to the courtroom, consider what preliminary steps can be taken to settle the dispute. Therefore your cease and desist letter could be the step for you to stop the harm, defamation or abuse to you or your company before it is put before it has to get complicated.

While these letters are not legally binding or enforceable on their own, they are recognised as a document setting out your knowledge of your rights and you are prepared to protect them. More often than not, the recipient will acknowledge this and be prepared to action in accordance with the letter.

What should I do if I am the one that receives a cease and desist letter?

In the even that you are the party who receives this letter, ensure not to ignore it. While yes, it does not hold legal power, is is recognised as a formal notice which sets boundaries that seek to resolve an issue. For the highest chance of success, seeking advice from a solicitor is ensure all steps are correctly followed and completed to prevent further harm or upset.

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Our solicitors that can provide you with legal advice on the most effective way to deal with this matter, whether you need to issue a cease and desist or respond to it.

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Rajah Thavalou is a Tamil speaking commercial solicitor at Stefani Solicitors.

 

Fernanda Stefani Araujo is an Italian speaking commercial solicitor and Portuguese speaking commercial solicitor.

 

You can contact Rajah or Fernanda on 020 8161 0518 or e-mail us on hello@stefanisolicitors.com

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