Cease and Desist

A cease and desist letter is a formal written request to an individual, or company, requesting that they stop a certain activity or course of action.

They can be used in a wide variety of circumstances and are useful because they can be tailored to suit the needs and objectives of the sender.

Although cease and desist letters in themselves do not prevent the recipient from continuing with the activity, they can be used to outline what further legal action will be taken by the sender if the activity does not cease.

Also, in all litigation, the court will usually expect the parties to have (at the very least) attempted to resolve the matter amicably, before bringing court action. The court will examine the parties’ conduct, particularly when awarding costs.

Where legal action follows a cease and desist letter which the recipient has chosen to ignore, the letter is a good way for the sender to demonstrate to the court that they tried to resolve the issue without legal action and have acted reasonably.

We are often asked to assist in drafting cease and desist letters and find that these are particularly useful where:

• You believe someone has acted in breach of a contract you have with them
• You are being Harassment by a person or company
• You believe someone is committing trespass or nuisance against you or your property
• Your neighbour is causing you difficulties at home
• Slanderous and defamatory comments are being made about you that are untrue

In some cases, the sending of a cease and desist letter can often resolve the dispute, avoiding the need for lengthy and costly litigation.

Depending on the nature and background of the dispute, we are able to offer assistance with drafting cease and desist letters under:

• Fixed fee arrangements
• Private fee-paying agreements at a competitive hourly rate

Ordinarily, a cease and desist letter will take a couple of hours to draft as the letter is tailored to suit you and your circumstances. Our Solicitor charges £200 + VAT per hour and a fixed fee of £500 + VAT can ordinarily be agreed.

From the start of your claim until the conclusion you will have a dedicated advisor who will run your claim, assisting you in the event of any queries or issues you may have.

Regular updates will be provided by your case handler up until your claim has ended. This is to ensure the process is as stress-free and effortless as possible.