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 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 attempted to resolve the matter amicably before bringing court action and 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 there 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;
- A Boundary dispute has arisen with your neighbour
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 to 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
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