What does cease and desist mean?
Cease and desist is a legal phrase used by lawyers and solicitors when they want to tell someone to stop doing something that is causing a problem. It can be in the form of a cease and desist letter or an official court order.
In short, cease and desist means stop and don’t do the same thing in the future, usually because it’s legally wrong.
What is a cease and desist letter?
A cease and desist letter is a specific type of letter that demands someone immediately stop doing something that is against the law. These letters often warn of serious consequences if the person doesn’t stop, and they might include a threat to ask the court for an order to make them stop. This is called an injunction.
If you’re considering sending a cease and desist letter, it’s really important to be sure of the facts and your legal position. Making a mistake could harm your ability to take legal action in the future or succeed in a legal claim later on. For that reason, it’s often not advisable to try and write a cease and desist letter on your own, as any mistakes could hurt your case if the case ends up in court.
When should you send a cease and desist letter?
Cease and desist letters are usually sent before taking legal action when an individual or a business has noted that someone is doing something they shouldn’t.
You might see them used in commercial disputes, for example in the event of a copyright infringement, breach of confidentiality, or disputes with former employees involving the unlawful use of confidential data.
Other common reasons for sending a cease and desist letter include:
Stopping harassment from debt collectors;
Putting an end to false statements that harm your reputation (libel or slander);
Asking a neighbour to stop certain activities or behaviours in the course of a neighbour dispute;
Demanding that someone fulfill their obligations to the terms of a contract if you find they are in breach of it;
Stopping personal harassment that’s causing you distress.
What is the purpose of a cease and desist letter?
A cease and desist letter is like a formal warning. It tells someone they’re doing something wrong that infringes on your rights, and you want them to stop. It can be an effective way of giving the recipient a chance to fix the problem and stop the behaviour before it turns into a complicated and time-consuming legal process.
A cease and desist letter can also form a written record in case you need to take legal action later, such as litigation.
What should be included in a cease and desist letter?
When you write a cease and desist letter, you’ll need to include specific details depending on your situation. At a minimum, it should include:
Your name and contact details;
The name and contact information of the person or the business you’re addressing;
Details about the activity you want them to stop;
A warning that legal action may follow if they don’t stop;
A deadline for compliance.
Along with all of the above, it’s important to act fast to nip problems in the bud while they’re still small.
How do you serve a cease and desist letter?
There’s no specific delivery method required for a cease and desist letter. You can:
Some individuals choose to do more than one of these things. For example, sending a letter by post and email.
If you do decide to send a cease and desist letter by post, it’s wise to send it by recorded delivery to prove the recipient got the letter. This makes it much harder for them to claim they didn’t know about the dispute if you can prove it was delivered directly to them.
A solicitor can also help you draft a cease and desist letter, and send it on your behalf. Whichever method you choose, you should keep a copy of the letter for yourself and make a note of the time, date, and place of delivery. You may need this in future if the situation escalates.
Cease and desist letters vs cease and desist orders
There are key differences between a cease and desist letter and a cease and desist order.
A cease and desist letter has no legal standing. Instead, it serves as a warning and a request to stop an activity.
A cease and desist order can only be granted by the court and the recipient is legally required to stop the behaviour until a trial determines the facts and a resolution is reached.
Is a cease and desist letter enforceable?
As noted above, a cease and desist letter has no legal standing which means, by itself, it’s not legally enforceable.
However, if you send a cease and desist letter and keep a copy for your records, you may be able to use it as evidence if the case progresses as proof the recipient was aware of the issue and you gave them the chance to stop.
In some cases, a cease and desist letter may help you secure a cease and desist order, which is legally enforceable. In others, a cease and desist letter is enough to prompt the other party to stop doing what they are doing.
What happens if my cease and desist letter is ignored?
If you send a cease and desist letter and the recipient ignores it, it’s up to you to decide whether or not you want to take further legal action.
While the matter may feel very urgent to you, it’s important to give them a reasonable time to comply with your request taking into account delivery times and how long it would realistically take to remedy the situation.
If you send a cease and desist letter and the recipient, be it a person or business, continues in their actions, you may be able to take further action such as seeking an injunction. In these circumstances, it's a good idea to speak to a solicitor who can advise on the best next steps.
Can anyone send a cease and desist letter in the UK?
Yes, anyone can send a cease and desist letter if they want someone to stop doing something both right now and in the future.
A cease and desist letter can be an effective way to quickly stop an issue from progressing into a lengthy, stressful, and potentially expensive legal case.
What are the risks of sending a cease and desist letter?
In general, sending a cease and desist letter is a low-risk action that can quickly and effectively address an issue.
That being said, a poorly drafted cease and desist letter can have unintended consequences. For example, a badly worded letter may not only fail to achieve its intended purpose but could also lead to negative publicity and damage to your reputation, especially if it’s made public.
Therefore, it’s very important for a cease and desist letter to be carefully and professionally written, as well as legally sound. Special consideration should be given to language and tone to minimise the potential impact on customer trust and perception, particularly in the age of online reviews and social media.
How can Lawhive help with a cease and desist letter?
At Lawhive, we have a network of SRA-licensed solicitors who can help you write an effective cease and desist letter.
To get started, get in touch with our legal assessment team for a no-obligation case assessment and fixed-fee quote. They’ll let you know upfront how much it will cost and what the next steps are. If you choose to go ahead, we’ll assign the best solicitor to support you with your case. They will work closely with you to get the matter sorted quickly.