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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15493
Experience:  Senior Associate Solicitor
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Are you able to send cease and desists on clients behalf?

Customer Question

Hello,
JA: Hello. How can I help?
Customer: Are you able to send cease and desists on clients behalf?
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: None, we have just found evidence of a competitor writing content against us online.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not that im aware of.
Submitted: 19 days ago.
Category: Law
Customer: replied 19 days ago.
https://thebestteflcourses.net/is-itt-international-tefl-and-tesol-legit/ - this is a website they have also used to defame us plus the reddit comment
Customer: replied 19 days ago.
https://find-and-update.company-information.service.gov.uk/company/12371066/filing-history - this is the company behind it
https://internationaltefltesol.com/accredited-tefl-courses/
Expert:  JimLawyer replied 19 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Please note that we do not write letters for people as we are an internet forum and not a law firm - we are limited to giving information and guidance from a legal standpoint.

Expert:  JimLawyer replied 19 days ago.

As for the question, you can apply for injunctive relief and, if you can show financial loss, sue in a defamation claim.

The injunction a court order requiring the competitor to do something or refrain from pursuing a course of conduct.

However, before you do this, (and as you alluded to already) you should send a cease and desist letter to warn them of your intentions unless they stop (and give them 14 days to stop their conduct to allow them to seek legal advice). A template “cease and desist” letter is available at LawDepot

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they stop their conduct, and that if they do not within 14 days you will apply to the court for the injunction and seek your costs.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy. The judge will want to see that you have sent the cease and desist letter given an injunction is a last resort.

Assuming they continue, you will need to complete the application for the injunction and send to your county court.

If the injunction application is successful you can ask the court for a costs order to be paid by the defendant.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and/or a prison term of up to 2 years.

The order will say they must stop their conduct with immediate effect. They are very effective given the consequences of breaching the terms of the injunction.

The cease and desist letter will hopefully work so you may not need to apply but if you then I recommend you ask a law firm to assist. I have set out a few choices for you - they should be able to claim their costs from the competitor so it would be worth asking them to help you with this:

  1. Brett Wilson LLP: Specialist Regulatory & Litigation Solicitors London

  2. Solicitors in Leeds, LS6 | Whiterose Blackmans | A Trusted Leeds

  3. Routh Clarke Solicitors

Expert:  JimLawyer replied 19 days ago.

As for a defamation claim, it requires that someone has either verbally said something (slander), or written something (libel) which was untrue and they knew it to be untrue - with the intention to damage your reputation. The untrue comments have to be brought to a third party’s attention to qualify.
There is a defence if the person who made the comments can prove the comments were true, or they held an honest belief their comments were true.
So there is a high evidential burden to prove defamation - meaning a lengthy court case.

You can claim for any financial loss incurred such as lost business, loss of future job prospects, damaged supplier relations, and anything else reasonably incurred.

The limitation period is only 1 year for a defamation claim, so you should ensure you issue the claim at court within a year of the incident.

These claims are complex with them being heard in the High Court so you would be well advised to instruct a firm on a no win no fee basis - a few do offer this so you would not have to pay anything up front.

Here are examples of law firms who could help you with this :

Expert:  JimLawyer replied 19 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 19 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 19 days ago.
Thank you :)
Expert:  JimLawyer replied 19 days ago.

My pleasure