Cease And Desist Letter Defamation Template for England and Wales

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Key Requirements PROMPT example:

Cease And Desist Letter Defamation

"I need a Cease And Desist Letter Defamation to address false statements made about my tech company on social media by a former employee, demanding immediate removal of all posts and a public retraction by January 15, 2025."

Document background
A Cease And Desist Letter Defamation is utilized when an individual or entity needs to formally address harmful false statements affecting their reputation. Common in England and Wales, this document is typically the first formal step before litigation under the Defamation Act 2013. It identifies the defamatory content, demonstrates serious harm to reputation, demands specific remedial actions, and sets clear deadlines for compliance. The letter serves both as a warning and an opportunity for resolution before court proceedings, often including evidence of the defamatory statements and their impact.
Suggested Sections

1. Recipient Details: Full name and address of the person/entity allegedly making defamatory statements

2. Statement of Facts: Clear identification of the defamatory statements, when and where they were made, with reference to Defamation Act 2013 requirements

3. Legal Basis: Explanation of why statements are defamatory and demonstration of serious harm as required by Section 1 of Defamation Act 2013

4. Demands: Specific actions required from recipient including cease and desist, removal of content, and deadline for compliance

5. Legal Consequences: Warning of potential legal action if demands are not met, with reference to available remedies under law

Optional Sections

1. Previous Communications: Reference to any prior attempts to resolve the issue and relevant correspondence

2. Evidence Reference: List and description of evidence supporting the defamation claim

3. Requirement for Written Apology: Specific demands for formal written apology and retraction

Suggested Schedules

1. Evidence Bundle: Copies of defamatory statements, screenshots, publications, and other supporting evidence

2. Timeline of Events: Chronological listing of relevant events, publications, and communications

3. Draft Undertaking: Formal document for recipient to sign confirming agreement to demands and future conduct

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Defamation Act 2013: Primary legislation governing defamation claims in England and Wales, including serious harm requirement (Section 1), truth defense (Section 2), honest opinion defense (Section 3), public interest defense (Section 4), and website operators' provisions (Section 5)

Limitation Act 1980: Establishes the one-year limitation period for bringing defamation claims

Common Law Definition of Defamation: Legal principles distinguishing between libel (written defamation) and slander (spoken defamation), including requirements for establishing defamatory content

Publication Principles: Common law rules governing what constitutes publication of defamatory material and to whom it must be communicated

Repetition Rule: Legal principle stating that repeating a defamatory statement is treated as making the statement itself

Multiple Publication Rule: Principles governing multiple instances of publication of the same defamatory content

Civil Procedure Rules: Procedural rules governing civil litigation in England and Wales, including specific provisions for defamation claims

Pre-action Protocol for Media and Communications Claims: Specific procedures that must be followed before commencing formal legal proceedings in defamation cases

Human Rights Act 1998: Particularly Article 10 regarding Freedom of Expression, which must be balanced against protection from defamation

Available Remedies: Legal remedies available in defamation cases including injunctive relief, damages, retraction/correction, and public apology

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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