Cease and Desist letter for Electonic communications

Discussion in 'Finance, Property, Law' started by arby, May 24, 2012.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. I thought I'd pose this question as Arrsers may have experienced this. I have two colleagues who are at was with each other and are dragging in people around them, like a black hole of petty squabbling.

    Pretty simple really, can someone send a Cease and Desist letter to a part who has been sending slanderous email communications to a third party? If so, what are the legal (if any) implications of ignoring the letter.

    It is worth noting that despite countless requests to stop being a pair of little bitchy girls, these two continue to do flail their arms at each other.
  2. oh come now, its fun to watch outrage.
  3. Aren't you in Oz? If so there's not much you can do short of a court order.

    Personally it'd be more entertaining to stir them both up and make them fight.
  4. Happened here. I put them both on the 'thinking step' and it was sorted in about 5 minutes. That's one minute for every year and they're aged 4 and 5.
    Perhaps a similar idea would work for these two? How old are they? Also, taking their toys away might be an incentive to them.
    We don't do smacking here...
  5. Bouillabaisse

    Bouillabaisse LE Book Reviewer

    Smash their computers. With their faces.
  6. Who have they been libelling? Each other? If so they would need to take action against each other.

    Where are you based? A mere letter provides no legal compulsion to do anything but it would put them on notice and probably put the frighteners on them.
  7. Verbal warning then tell them both they better sort it or theyll be on unpaid leave until they do. Alternatively follow your organisations disciplinary procedure to reduce the likelyhood of being dragged to a tribunal.
  8. Can't you ignore it Arby? Or are you just too sensitive?

    Ya big fanny!
    • Like Like x 1
  9. Is there not a local boxing club where they can settle this like men?
  10. Stick their keyboards up their arses.

    Then post pictures here.
  11. Pictures coming of keyboard up arse. Sorry, I should have been clearer, one of them has come to me demanding action. As the slanderer (and by slanderer, I mean 'idiot who causes me problems') no longer works for me, there is no naughty step and the slandee(?) has sought advice from me as to the best course of action, and yes, ignoring it has been suggested. My thought was the slandee could have a cease and desist letter sent by a solicitor.
  12. Understood, the hope is that it will shake twat-A up enough to stop his little campaign of badly spelled emails against twat-B
    • Like Like x 1
  13. Over here there is the protection from harassment act and the malicious communication act if you want plod or civil courts involved.

    Dunno about oz.

    Personally I'd tell the pair of them to go and shit hedgehogs and stop harassing me with their drivel.
  14. have these 2 been sending said emails to one another? if so there is no cause of action - for a libel (written words) or slander (spoken words) to have been commited the words must have been 'published' i.e in some way communicated to other parties - the legal term being,

    "A publication (whether it comprises written or spoken words or other matter, such as an illustration) is defamatory if it conveys an imputation about a person that lowers the person’s reputation in the eyes of reasonable members of the community or causes them to ridicule, avoid or despise the person."

    In any event only the person who has been defamed has a cause of action, not a 3rd party.

    A cease and desist letter is not required, simply a letter of claim - which has the same effect and does not necessarily mean litigation is inevitable.

    Google "pre action protocol for defamation" and you will get the relevant part of the Civil Procedure rules.

    Can't tell you anymore than that as defamation is not my area, but I can remember this much from law school.

    Be aware there are lots of defences available and a slanging match between to person does not necessarily mean a case of defamation is made out, I would say that he would not have a great chance of success and if he pursued it through the courts it could be very expensive..