Law
Published: April 29, 2024 | Updated: 29th April 2024
If you think that a person or an organisation is violating your business rights with unlawful conduct, you may be able to serve them with a cease and desist letter.
But how does a cease and desist work? Is it legally binding? And do you need to go to court?
In Frettens latest Legal Q&A with DorsetBizNews, Anthony Eaton, who joined our growing Dispute Resolution Team in late 2023, answers all these questions and more…
A cease and desist letter:
Most of the time, a cease and desist letter does enough to scare off its recipient. However, if they do continue to act unlawfully you may take legal action seeking for a cease and desist order to be put in place by the court, that can seek:
You would use a cease and desist letter as an early measure to discourage the person or organisation from continuing to violate your rights, without you having to go to court. The letter also serves as a pre-cursor to court proceedings if they are ultimately required.
Whereas you would use a cease and desist order to legally and indefinitely prevent the unlawful activity by way of an injunction from the court.
Most of the time, a cease and desist order is used to stop intellectual property infringement, confidentiality leaks, harassment and breaches of business contracts.
Related: What is Intellectual Property and how do I protect it?
Related: Mitigating and tackling Shareholder Breaches
A cease and desist letter, if successful, can be a quick way to deter someone from continuing their unlawful conduct, without the need for court proceedings.
Because of this, it can be a cheaper and less time-consuming solution compared to starting litigation immediately.
The big disadvantage of cease and desist letters is that they are not legally enforceable. Only a cease and desist order from the Court will legally binding and enforceable.
However, serving a cease and desist letter can still be beneficial even if it doesn’t prevent court proceedings. Showing such a letter in court can strengthen your position and assist in negotiation, as you’ll be able to show that you’ve attempted to resolve the issue amicably.
This is certainly something that the court will consider, especially when it considers any award of costs.
Yes, it is possible to write your own cease and desist letter. However, we wouldn’t recommend it as you may inadvertently jeopardise your legal position.
Even if you are confident that you have a strong case, this may not be reflected well in the letter. Plus, if you were to make a mistake, it could not only decrease your chances of winning any later legal claim but may even make taking legal action a struggle in the first place.
A solicitor can assist you in drafting a foolproof, legally sound cease and desist letter that best reflects your legal position.
It’s recommended to instruct a solicitor at this stage as, if court proceedings do arise, having a lawyer who already understands the ins and outs of your case on side can be extremely valuable.
In the full article, Anthony delves into this topic in more detail, outlining what a cease and desist letter should include, how to follow up on one and answering any more questions you might have.
If, after reading this Q&A, you have any more questions or would like to speak to a specialist; please don’t hesitate to contact our Dispute Resolution Team.
Our bright and experienced team can provide tailored advice, assist you in drafting a cease and desist letter, ensure that you have all the correct evidence in place and represent you to achieve the best outcome in Court.
You can call us on 01202 499255, or follow this link for a free 30-minute appointment.
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