How to Write a Cease and Desist Letter in Singapore

What is a Cease and Desist Letter?

A cease and desist letter is, quite simply, a specific letter from a lawyer which demands that the recipient immediately stops unlawful activity. Often these letters threaten legal actions if the recipient does not cease and desist. Drafted effectively, the letter will serve as a serious warning to the recipient.

In this sense, a cease and desist letter is really no different from a letter of demand, except that a letter of demand usually ends with a demand (e.g., for payment of a sum of money that the recipient owes the claimant), whereas a cease and desist letter is a demand to stop an unlawful activity.

In both kinds of letters, there is usually a threat to take legal action if the recipient does not comply with the demands stated in the letters.

When Do You Use a Cease and Desist Letter?

A cease and desist letter will normally be sent before starting any court proceedings and at a very early stage after discovering the recipient has been acting unlawfully. Common examples would be causing nuisance in neighbourhood disputes, harassment or an infringing use of a trade mark or of other types of intellectual property.

Cease and desist letters may also be used in issues arising with ex-employees relating to unlawful use of confidential data such as client lists and business critical databases or know-how, as well as in cases of  breach of confidentiality or breach of a non-disclosure agreement.

When Do You Send a Cease and Desist Letter?

It is usually a good idea to send a cease and desist letter before commencing legal action as it is usually a lot more cost-effective to send a letter than to commence litigation. Moreover, it can sometimes prevent a simple misunderstanding from getting out of control before parties become entrenched in their respective legal positions.

Another advantage of sending a cease and desist letter before commencing legal action is that you may receive a reply which gives you a preview of your opponent’s defence and allows you to better prepare for the legal suit ahead.

Depending on the nature of the dispute, the court may even have certain pre-action protocols that require a letter to be sent to the other party before you are allowed to commence legal action. Your lawyer can advise you on whether this consideration is applicable to your case.

Writing a Cease and Desist Letter

Can you write the letter yourself?

While you can do so, it is not usually recommended that you draft a cease and desist letter yourself.  If you end up commencing legal action before the courts, your cease and desist letter will be very important and if not factually and/or legally correct could damage your case.

Engaging a lawyer to draft the letter will also lend more credibility and legitimacy to the demand against the recipient.

What should the letter contain? 

To make a cease and desist letter effective, you must first identify what the unlawful activity is. You must also state what the action is that you will take and the consequences if your letter is ignored and/or the recipient fails to comply.

It is not unusual for a cease and desist letter to not only require unlawful activity to stop immediately, but also that the recipient complies with other demands within a stipulated and clear deadline for compliance.

Sometimes a cease and desist letter will also include a demand for a formal written undertaking from the recipient not to repeat the unlawful activity and/or to return any documents, IP or data unlawfully taken (as the case may be). It is also common for a cease and desist letter to demand that the infringer :-

• formally admits to the unlawful activity.
• gives a clear undertaking in writing not to repeat the complained of activity.
• formally agrees that any future breach will give you the legal, unopposed right to apply for an injunction (or other legal recourse depending on the case at hand).

Sending a Cease and Desist Letter

There are no formal requirements for sending a cease and desist letter. It need not be served personally on the recipient. It can even be sent by attaching it to an email if necessary.

However, as a matter of good practice, it is generally advisable to send such letters by a courier service that provides proof of delivery by way of the recipient’s signature. Or if not by courier, at least by registered post.

What if the recipient ignores the letter?

If the recipient ignores the letter, you should take legal advice on your next steps. Your lawyer will advise you on the feasibility and costs of litigation and your chances of success in court.

If you have made specific threats in your letter, it is generally advisable to take steps towards carrying out those threats but you need not do so. Be aware however, that if you do not carry out any threats you have made, the offending party is likely to interpret this as either your surrender, a lack of credibility on your part or just weakness more generally, and the offending activity may well continue.

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A cease and desist letter is simply one tool in a lawyer’s arsenal and it must be deployed tactically by reference to all the circumstances of each case, the parties and their relationship. Knowing how to do this effectively requires experience and skill in the field of dispute resolution.

If the outcome of your dispute is of any consequence to you, it is, more often than not, certainly worth investing a little in a suitable lawyer to craft an effective cease and desist letter for you.