Cease and Desist

If you have ever been part of a dispute involving allegations of unauthorised actions/behaviours that have caused harm, or infringed on someone’s legal rights, then you may have heard of a ‘cease and desist’ letter. Whether you are a business owner, a property owner, or simply wish to stop someone from carrying out unlawful and damaging behaviour, you may wish to initially send a cease and desist letter. This is usually the first attempt to end disputes before they proceed to Court, as this can be costly to both sides, and the prospects of ‘winning’ the case can never be certain.

A cease and desist letter will outline the rights of the innocent party and provide evidence of the alleged unlawful behaviour and misconduct. The letter will specify how the alleged wrongdoer can comply with the letter (e.g. to stop posting defamatory comments about the innocent party’s business online) and will usually give a deadline for compliance.

A lower-stakes case may encourage cooperation outside of the Court in the interest of keeping costs to a minimum, however, with higher-stakes cases, the sender may opt to include undertakings to be signed by the wrongdoer to ensure the ceasing of the unlawful activity. Undertakings may also include compensatory promises if appropriate.

In order to send a cease and desist letter to another party, they must have been found to carry out unlawful or damaging behaviour, for example:

• defamatory comments
• social media posts
• harassment
• unauthorised use of property

In the instance the wrongdoer continues to behave in the same unlawful manner, you may take steps to initiate court proceedings or seek an order to prevent them from committing the act in the future.

The nature of the cease and desist letter will determine the remedy which the Court will seek, e.g. for defamation, the Court may grant an injunction and damages/restitution for any harm caused. This means that if the wrongdoer continues their unlawful conduct following an Order from the Court, they may be found in contempt of Court, and the consequences for non-compliance will be more serious.

When considering a case that has been progressed to Court, the Judge will consider evidence which may include the cease and desist letter. The weight of a cease and desist letter in Court can depend on how well and securely it is drafted (particularly if a legal professional has drafted and issued it).

If you are facing a dispute and are looking for legal advice on bringing a cease and desist letter against another party, or you have received one, contact our Litigation & Dispute Resolution experts for guidance on the next steps. Book your free 30-minute consultation today.

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