What are the grounds for a cease and desist?

A cease and desist letter is the name given to correspondence which requests that the recipient stops what they are doing. The term "cease and desist" is more commonly used in the USA, but it is becoming more widespread in the UK.

What is a cease and desist letter for?

A typical cease and desist letter would set out details of the behaviour which is problematic for the sender. It should set out the time, date and details of what has happened, and state formally that the sender requests that the behaviour should stop immediately. 

Whilst the term "cease and desist" has become more widely known and used in recent years, cease and desist letters are actually of fairly limited use within the English legal system. In English law, the type of behaviour which causes problems is usually covered by the law of defamation (libel and slander) or the law of harassment. In both cases, there is a protocol which sets out the basis upon which a claimant should write to a defendant. 

In a harassment claim, the claimant is required by the protocol to send a letter of claim to the defendant, which provides full details of the harassing acts which have been carried out by the defendant, and seek a sum in damages by way of compensation. It is also common for the letter of claim to threaten to seek an injunction and legal costs.

In a defamation claim, there is a different protocol, which requires the claimant to send a letter of claim, setting out very detailed information including the exact words complained of in defamation, what the claimant says the meaning of those words are, confirming the harm which has been caused to their reputation by the publication of the words, and making a claim for various remedies including damages, undertakings not to repeat the untrue statements, and legal costs. 

Is a letter of claim better than a cease and desist letter?

Yes - a letter of claim is generally better than a cease and desist letter, for various reasons:

• a cease and desist letter can often be short and lacking in detail, whereas a letter of claim which complies with the relevant protocol, will contain all of the information required to progress the claim;
• a cease and desist letter is more informal and can look "amateurish" compared to a formal letter of claim;
• in cases where action has to be taken quickly, such as defamation matters where there is a very tight limitation period, sending a cease and desist letter can be a waste of precious time;
• a claimant does not obtain any costs protection by sending a cease and desist letter, as opposed to a letter of claim; and
• if a cease and desist letter does not have the desire effect, and the harassment or defamation continues, the claimant would have to send a formal protocol compliant letter of claim, if they wished to take the matter further. 

Solicitors who offer to send a cease and desist letter on behalf of clients, may do so because cease and desist letters are generally cheaper. They usually follow a standard template and can be produced very quickly. However as a cease and desist letter will generally lack detail and usually will not comply with the relevant protocol, they are of little legal effect. It can cost clients more if they send an ineffective cease and desist letter, and then have to pay a lawyer again to send a letter of claim.

Can I send my own cease and desist letter?

Individuals can send their own cease and desist letters if they wish to do so. However, they should always seek legal advice beforehand, in case they are close to the end of a limitation period, or if their type of case is covered by a protocol, which actually requires a letter of claim to be sent. 

Solicitors who are experts in dealing with harassment and defamation claims would rarely suggest that a cease and desist letter should be sent to a defendant, rather than a letter of claim.

Sending a letter of claim to start proceedings

If you want to start proceedings for either defamation or harassment, the best next step is to send a protocol compliant letter of claim. This means that your opponent is obliged by the protocol to respond in a certain way, and within a certain time frame, and if they fail to do so, they can be penalised by the court in costs. 

A letter of claim is a very important first step in legal proceedings and often forms the basis of legal proceedings which are issued later on. Legal advice should therefore always be sought at as early a stage as possible. 

Samuels Solicitors has decades of experience in sending letters of claim to defendants. Very often, an effective and expertly drafted letter of claim will make it more likely that a claim will settle, showing that a claimant is serious about pursuing their claim, and setting it out in the best possible terms. We have a particular niche in dealing with claims for libel, slander, professional negligence, harassment and building disputes. 

If you want to start a claim and are wondering whether to send a cease and desist letter, or a letter of claim, there are different ways you can contact us to speak to one of our experts about how we can help, by email, phone, message on social media, or by filling in one of our online forms.