Evidence Checklist For United Kingdom Cease And Desist Letters
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This checklist helps you gather relevant proof before sending a cease and desist letter in the UK. Use it alongside our AI Generated British Cease and Desist Letter resources to prepare a clearer, stronger request.
Issue Type | Evidence Examples | Purpose Of Evidence | Collection Timing | Preservation Note |
|---|---|---|---|---|
Ownership records, Screenshots and web pages, Business records, Correspondence | ||||
Trade mark infringement | UKIPO registration, renewal record, infringing listings, product photos, confusion emails, sales invoices. | Shows registered rights, alleged use, similarity and possible confusion or loss. | Before sending Throughout the dispute | Save full listings with URL, seller name, date, price and product images. |
Business records, Screenshots and web pages, Correspondence, Witness notes | ||||
Passing off | Trading history, adverts, reviews, misdirected enquiries, customer confusion notes, competitor pages. | Supports goodwill, misrepresentation and likely damage. | Before sending Throughout the dispute | Keep dated proof of reputation and unedited records of confused customer contacts. |
Ownership records, Screenshots and web pages, Business records, Correspondence | ||||
Copyright infringement | Original files, drafts, metadata, publication dates, copied pages, takedown requests, licence terms. | Shows authorship, ownership, copying, absence of permission and commercial impact. | Before sending Throughout the dispute | Keep source files and metadata capture copies before they are removed. |
Ownership records, Screenshots and web pages, Business records | ||||
Design right infringement | Registered design record, CAD files, prototypes, launch dates, copied products, sales listings. | Shows design ownership, novelty, copying and market impact. | Before sending Throughout the dispute | Photograph products from multiple angles and keep dated design development files. |
Ownership records, Screenshots and web pages, Business records, Public records | ||||
Patent infringement | Patent register entry, claims, product specifications, technical comparisons, sales pages, samples. | Links protected claims to the alleged product or process. | Before sending Throughout the dispute | Keep technical analysis separate from privileged legal advice if solicitors are involved. |
Contracts and agreements, Business records, Correspondence, Witness notes | ||||
Misuse of confidential information | NDAs, confidentiality clauses, marked documents, access logs, emails, download records, witness notes. | Shows confidentiality, restricted access, disclosure and unauthorised use. | Before sending Throughout the dispute | Restrict access, preserve audit logs and avoid circulating confidential material unnecessarily. |
Contracts and agreements, Correspondence, Business records | ||||
Breach of non-disclosure agreement | Signed NDA, disclosed materials list, meeting minutes, recipient emails, onward disclosures. | Proves agreed obligations, protected information and breach. | Before sending At the time of sending Throughout the dispute | Keep the signed version and a chronology of what was shared and when. |
Contracts and agreements, Correspondence, Business records, Witness notes | ||||
Breach of contract | Signed contract, terms, purchase orders, emails, delivery records, defect reports, loss calculations. | Shows contract terms, breach, notice history and resulting loss. | Before sending At the time of sending Throughout the dispute | Preserve the full contract chain, including incorporated terms and variations. |
Contracts and agreements, Business records, Correspondence | ||||
Unpaid invoice or debt demand | Invoice, contract, delivery proof, statements, reminders, payment promises, bank records. | Shows amount due, basis of debt, due date and non-payment. | Before sending At the time of sending After sending | Keep an accurate ledger and copies of all payment chasers and responses. |
Business records, Contracts and agreements, Correspondence | ||||
Late payment interest | Invoice dates, payment terms, interest clause, statutory interest calculation, payment history. | Supports interest, compensation and recovery cost claims on commercial debts. | Before sending After sending | Record calculation dates clearly and save the version sent to the debtor. |
Screenshots and web pages, Correspondence, Witness notes, Business records | ||||
Defamation | Exact words, URL, publication date, audience evidence, republications, complaints, loss records. | Shows publication, meaning, serious harm and losses or reputational impact. | Before sending Throughout the dispute | Capture full context, replies, shares and analytics before deletion or edits. |
Screenshots and web pages, Business records, Correspondence, Witness notes | ||||
Malicious falsehood | False statements, customer cancellations, sales drop, motive evidence, correction requests. | Shows false publication, malice indicators and actual or likely financial loss. | Before sending Throughout the dispute | Retain financial records showing baseline and impact after publication. |
Correspondence, Screenshots and web pages, Witness notes, Public records | ||||
Harassment | Messages, call logs, social posts, incident diary, witness notes, police references. | Shows a course of conduct and its effect on the recipient. | Before sending Throughout the dispute | Keep a dated incident log and do not respond in a way that escalates risk. |
Stalking or threatening communications | Threat messages, voicemails, location evidence, CCTV stills, police reports, witness accounts. | Shows threats, frequency, fear, distress and potential need for police action. | Before sending Throughout the dispute | Prioritise safety save evidence and report urgent threats to police. |
Witness notes, Correspondence, Public records, Screenshots and web pages | ||||
Neighbour nuisance | Noise diary, photos, videos, council reports, letters, witness statements, decibel app notes. | Shows frequency, severity, impact and attempts to resolve the nuisance. | Before sending Throughout the dispute | Keep a consistent diary with dates, times, duration and witnesses. |
Ownership records, Witness notes, Correspondence, Public records | ||||
Trespass to land | Title register, plan, photos, CCTV, access logs, warning letters, witness notes. | Shows right to possess the land and unauthorised entry. | Before sending Throughout the dispute | Keep original CCTV files and Land Registry copies with dates downloaded. |
Ownership records, Public records, Witness notes, Correspondence | ||||
Boundary encroachment | Title plans, conveyance plans, survey report, photos, planning records, neighbour emails. | Shows boundary evidence, encroachment extent and notice to the neighbour. | Before sending Throughout the dispute | Avoid moving markers use dated photos and professional survey evidence where needed. |
Correspondence, Business records, Screenshots and web pages, Public records | ||||
Data protection infringement | DSAR correspondence, privacy notices, breach notices, unwanted processing proof, ICO complaint records. | Shows personal data processing, rights request history and alleged non-compliance. | Before sending At the time of sending Throughout the dispute | Redact third-party personal data in working copies and keep originals secure. |
Correspondence, Screenshots and web pages, Business records, Public records | ||||
Unlawful direct marketing | Marketing emails, SMS logs, unsubscribe attempts, consent records, TPS/CTPS registration proof. | Shows unsolicited marketing, consent issues and ignored opt-outs. | Before sending After sending Throughout the dispute | Keep full email headers and screenshots of unsubscribe confirmations or failures. |
Public records, Screenshots and web pages, Ownership records, Correspondence | ||||
Domain name cybersquatting | WHOIS/RDAP data, domain screenshots, trade mark records, offer-to-sell emails, traffic diversion proof. | Shows rights, abusive registration, bad faith indicators and diversion. | Before sending Throughout the dispute | Capture DNS, WHOIS/RDAP and website content before privacy or hosting changes. |
Screenshots and web pages, Correspondence, Ownership records, Witness notes | ||||
Online impersonation | Fake profiles, usernames, profile images, messages sent, platform reports, identity proof. | Shows impersonation, confusion, misuse of identity and platform notice history. | Before sending Throughout the dispute | Record profile URLs, account IDs and screenshots before blocking or reporting. |
Screenshots and web pages, Business records, Correspondence, Witness notes | ||||
Fake or malicious reviews | Review screenshots, reviewer profile, customer records, sales impact, platform complaints, responses. | Shows falsity, absence of customer relationship, reputational harm and mitigation steps. | Before sending Throughout the dispute | Capture review date, rating, profile history and surrounding reviews for context. |
Ownership records, Screenshots and web pages, Contracts and agreements, Correspondence | ||||
Misuse of photographs or images | Original image files, EXIF data, model releases, licences, copied posts, takedown messages. | Shows ownership, licence limits, unauthorised use and potential privacy issues. | Before sending Throughout the dispute | Keep original files and create separate watermarked or redacted copies if needed. |
Contracts and agreements, Business records, Correspondence, Public records | ||||
Breach of restrictive covenant | Employment contract, covenant clauses, resignation records, Companies House filings, client approaches. | Shows covenant terms, protected interest, alleged breach and commercial impact. | Before sending Throughout the dispute | Preserve client communications and avoid accessing personal devices unlawfully. |
Contracts and agreements, Correspondence, Business records, Witness notes | ||||
Employee or ex-employee client solicitation | Contract restrictions, client lists, emails, CRM logs, client reports, lost business records. | Shows restricted contacts, solicitation activity and damage to customer relationships. | Before sending Throughout the dispute | Export CRM audit logs securely and keep client witness notes contemporaneous. |
Contracts and agreements, Business records, Correspondence | ||||
Failure to return company property | Asset register, laptop issue form, exit checklist, return requests, courier records. | Shows ownership, possession, return obligations and outstanding items. | Before sending At the time of sending After sending | Record serial numbers and preserve device management logs without accessing private data unnecessarily. |
Ownership records, Business records, Screenshots and web pages, Correspondence | ||||
Database right infringement | Database build records, investment evidence, access logs, copied extracts, competitor pages. | Shows qualifying database investment and substantial extraction or reutilisation. | Before sending Throughout the dispute | Preserve access logs, query records and sample copied entries with timestamps. |
Contracts and agreements, Business records, Correspondence, Screenshots and web pages | ||||
Software licence breach | Licence agreement, user counts, audit logs, activation records, invoices, breach notices. | Shows licence scope, overuse, unauthorised copying or unpaid fees. | Before sending Throughout the dispute | Export logs in read-only form and keep audit methodology notes. |
Screenshots and web pages, Business records, Contracts and agreements | ||||
Website scraping | Server logs, bot IPs, copied pages, terms of use, rate spikes, database matches. | Shows automated access, copying, breach of terms and operational impact. | Before sending Throughout the dispute | Keep raw logs, hash exports and document any filtering or analysis steps. |
Contracts and agreements, Correspondence, Business records | ||||
Breach of settlement agreement | Signed settlement, payment schedule, confidentiality clause, breach emails, payment records. | Shows agreed obligations, breach trigger and remedies sought. | Before sending At the time of sending After sending | Check confidentiality terms before sharing the agreement with third parties. |
Contracts and agreements, Business records, Correspondence, Screenshots and web pages | ||||
Breach of franchise agreement | Franchise agreement, brand standards, audit reports, royalty records, unauthorised adverts. | Shows contractual duties, non-compliance and brand or revenue impact. | Before sending Throughout the dispute | Keep audit reports factual, dated and supported by photos or transaction records. |
Public records, Ownership records, Screenshots and web pages, Business records | ||||
Unauthorised use of business name | Companies House record, trade mark record, trading evidence, copied name pages, invoices. | Shows existing business identity, public use and risk of confusion. | Before sending Throughout the dispute | Save register extracts and screenshots showing the similar name in context. |
Ownership records, Screenshots and web pages, Business records, Witness notes | ||||
Counterfeit goods | Trade mark record, test purchases, product photos, packaging comparison, seller details, receipts. | Shows protected rights, counterfeit features, seller identity and scale of activity. | Before sending Throughout the dispute | Keep test purchase chain of custody, packaging and transaction records. |
Ownership records, Screenshots and web pages, Business records, Public records | ||||
Illegal file sharing | Copyright ownership proof, download links, torrent hashes, timestamps, user identifiers, platform reports. | Shows protected work, availability, copying and distribution details. | Before sending Throughout the dispute | Record hashes and timestamps avoid downloading unlawful material beyond necessary evidence capture. |
Contracts and agreements, Business records, Correspondence, Witness notes | ||||
Employee confidentiality breach | Employment contract, handbook, access logs, downloads, forwarding emails, exit interview notes. | Shows duty of confidence, access to information and suspected disclosure. | Before sending Throughout the dispute | Follow internal investigation policies and preserve logs before account deletion. |
Contracts and agreements, Correspondence, Business records, Screenshots and web pages | ||||
Consumer complaint to trader | Order confirmation, receipts, product photos, repair reports, complaint emails, refund refusal. | Shows purchase terms, defect, complaint history and requested remedy. | Before sending At the time of sending After sending | Keep the product, packaging and dated photos of defects where safe to do so. |
Contracts and agreements, Witness notes, Correspondence, Public records | ||||
Tenant breach of tenancy terms | Tenancy agreement, inspection reports, photos, neighbour complaints, warning emails, council notices. | Shows tenancy obligations, breach, notice history and property impact. | Before sending Throughout the dispute | Date inspection photos and comply with notice requirements for property access. |
Contracts and agreements, Correspondence, Witness notes, Public records | ||||
Landlord interference or unlawful entry | Tenancy agreement, entry notices, messages, CCTV, witness notes, council or police reports. | Shows occupation rights, interference, notice failures and distress or loss. | Before sending Throughout the dispute | Keep a dated incident diary and avoid changing locks without legal advice. |
Public records, Witness notes, Correspondence, Ownership records | ||||
Unauthorised building works affecting property | Planning portal records, photos, surveyor notes, party wall notices, neighbour letters. | Shows works, permissions, property impact and prior objections. | Before sending Throughout the dispute | Photograph works from your property or public land do not trespass. |
Screenshots and web pages, Correspondence, Ownership records, Witness notes | ||||
Social media takedown demand | Post URL, screenshots, account handle, comments, shares, platform reports, ownership proof. | Shows publication, account identity, spread and basis for takedown request. | Before sending At the time of sending Throughout the dispute | Capture comments, share counts and timestamps before reporting or blocking. |
Ownership records, Screenshots and web pages, Business records, Correspondence | ||||
Unauthorised use of logo | Logo artwork files, trade mark record, brand guidelines, infringing pages, customer confusion. | Shows rights in the logo, unauthorised use and risk of confusion. | Before sending Throughout the dispute | Keep original artwork and dated captures of each unauthorised use. |
Screenshots and web pages, Business records, Correspondence, Public records | ||||
Misleading advertising about your business | Ad screenshots, landing pages, comparison claims, sales impact, ASA complaint, customer queries. | Shows misleading claims, publication reach and effect on customers or competition. | Before sending Throughout the dispute | Save ad library entries, targeting information and landing page versions where available. |
Contracts and agreements, Business records, Correspondence, Screenshots and web pages | ||||
Breach of agency or distribution agreement | Agreement, territory terms, sales reports, unauthorised sales pages, emails, commission records. | Shows contractual restrictions, breach, sales diversion and financial impact. | Before sending Throughout the dispute | Keep sales data exports and website captures showing territory or channel breaches. |
Contracts and agreements, Ownership records, Correspondence, Screenshots and web pages | ||||
Supplier misuse of materials or IP | Supply contract, artwork files, product photos, licence limits, supplier listings, emails. | Shows permitted use, ownership and unauthorised exploitation after supply relationship. | Before sending Throughout the dispute | Preserve contract schedules identifying supplied assets and permitted use. |
Contracts and agreements, Business records, Correspondence | ||||
Unpaid royalties | Licence agreement, royalty statements, sales reports, audit requests, unpaid invoices, calculations. | Shows royalty entitlement, reporting duties, underpayment and amount claimed. | Before sending At the time of sending After sending | Keep calculation spreadsheets with source data and version history. |
Contracts and agreements, Screenshots and web pages, Business records, Correspondence | ||||
Breach of website terms of use | Terms version, account records, prohibited activity logs, IP logs, warning emails. | Shows applicable terms, user acceptance, breach and enforcement history. | Before sending Throughout the dispute | Archive the exact terms version in force when the conduct occurred. |
Contracts and agreements, Business records, Correspondence, Witness notes | ||||
Non-payment for services | Proposal, signed terms, timesheets, deliverables, approval emails, invoices, payment reminders. | Shows service scope, completion, acceptance and outstanding payment. | Before sending At the time of sending After sending | Keep deliverable timestamps and client approvals in original email threads. |
Ownership records, Business records, Screenshots and web pages, Witness notes | ||||
Product copying | Design files, launch evidence, copied product photos, marketplace listings, customer confusion, sales impact. | Shows originality, copying, timing and commercial harm. | Before sending Throughout the dispute | Buy or photograph samples and keep purchase receipts and packaging. |
Contracts and agreements, Business records, Correspondence, Screenshots and web pages | ||||
Membership or ticket misuse | Membership terms, ticket terms, resale listings, account logs, warnings, cancellation notices. | Shows accepted rules, misuse, notice and enforcement basis. | Before sending At the time of sending After sending | Save resale page URLs and account activity before disabling access. |
Contracts and agreements, Correspondence, Ownership records, Business records | ||||
Misuse of confidential pitch or proposal | Pitch deck, NDA, meeting notes, email delivery, later copied campaign, budget records. | Shows confidential disclosure, originality, recipient access and later misuse. | Before sending Throughout the dispute | Keep sent-file metadata and meeting attendance records. |
Screenshots and web pages, Contracts and agreements, Correspondence, Witness notes | ||||
Unauthorised use of testimonial or endorsement | Advert screenshots, consent records, withdrawal emails, witness confirmation, sales pages. | Shows lack or withdrawal of consent and misleading use of endorsement. | Before sending Throughout the dispute | Capture the endorsement wording, placement, date and surrounding advertising claims. |
Ownership records, Screenshots and web pages, Contracts and agreements, Correspondence | ||||
Failure to credit author or false attribution | Authorship records, assertion of moral rights, publication screenshots, contract waiver terms. | Shows authorship, attribution right, missing credit or false credit. | Before sending Throughout the dispute | Check for contractual waivers before alleging breach of moral rights. |
Screenshots and web pages, Correspondence, Witness notes, Public records | ||||
Misuse of private information | Private posts, messages, photos, publication screenshots, takedown requests, distress notes. | Shows private nature, publication, lack of consent and harm. | Before sending Throughout the dispute | Store sensitive material securely and redact intimate or private details in copies. |
Contracts and agreements, Correspondence, Witness notes, Business records | ||||
Breach of licence to occupy | Licence agreement, access rules, payment records, incident logs, warnings, photos. | Shows licence terms, breach, arrears and notice history. | Before sending At the time of sending Throughout the dispute | Keep records distinguishing licence terms from tenancy documents. |
Ownership records, Witness notes, Public records, Correspondence | ||||
Unauthorised parking on private land | Title evidence, signage photos, vehicle photos, dates, times, prior warnings, DVLA correspondence. | Shows land rights, notice to driver, repeated parking and enforcement steps. | Before sending Throughout the dispute | Photograph signage and vehicle position without obstructing or confronting the driver. |
Contracts and agreements, Correspondence, Business records, Screenshots and web pages | ||||
Contractor confidentiality breach | Contractor agreement, NDA, file access logs, shared drive records, copied materials, emails. | Shows contractor obligations, access and unauthorised disclosure or retention. | Before sending Throughout the dispute | Preserve account logs before disabling accounts and record revocation steps. |
Contracts and agreements, Business records, Screenshots and web pages, Correspondence | ||||
Breach of exclusivity clause | Exclusivity clause, territory schedule, competing listings, sales data, customer emails. | Shows exclusive rights, conflicting conduct and financial impact. | Before sending Throughout the dispute | Keep market evidence showing dates, channels and territories of competing sales. |
Correspondence, Witness notes, Public records, Screenshots and web pages | ||||
Aggressive debt collection or intimidation | Demand letters, call logs, voicemails, visit notes, threats, regulator complaints. | Shows frequency, tone, threats, disputed debt status and distress. | Before sending Throughout the dispute | Keep call logs and voicemails make contemporaneous notes after calls or visits. |
Correspondence, Contracts and agreements, Witness notes | ||||
Misuse of without prejudice or negotiation material | Negotiation emails, settlement labels, meeting notes, disclosed offer details, publication evidence. | Shows confidential negotiation context and unauthorised disclosure. | Before sending Throughout the dispute | Do not widely circulate settlement communications seek advice before quoting them. |
What Evidence Should You Gather Before Sending A UK Cease And Desist Letter?
For most UK cease and desist letters, the strongest evidence is collected before sending: dated correspondence, screenshots, contracts, ownership records, business records and public register entries. This helps the letter identify the conduct complained of, prove your rights or loss, and avoid overstating the position.
How Should Online Evidence Be Preserved For A Cease And Desist Letter?
For web pages, social posts, marketplace listings, reviews and messages, preserve the URL, date, time, account name and full page context. Use full-page screenshots or PDF captures, keep original files and metadata where possible, and avoid editing images except to create separate redacted copies.
Which Evidence Is Most Important For Different Types Of Dispute?
- Defamation and harassment: preserve the exact words, publication context, dates, audience, witness notes and any police or platform reports.
- Intellectual property: collect trade mark, copyright, design or patent ownership records, examples of copying, dates of first use and evidence of confusion or sales impact.
- Confidentiality and employment disputes: keep signed contracts, NDAs, policies, access logs, exit emails and evidence showing the information was treated as confidential.
- Debt, contract and payment disputes: gather the contract, invoices, delivery records, statements, payment reminders and any admissions of liability.
Why Does Timing Matter When Preparing A Cease And Desist Letter?
Evidence can disappear quickly, especially online content. Preserve key material before sending because the recipient may delete posts, change listings, remove infringing material or deny access after receiving the letter. Continue saving replies and later conduct throughout the dispute.
Want to Generate Your own Cease and Desist Letter?
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FAQs
Include copies of the offending material, dates, URLs, screenshots, emails, messages, contracts, ownership records, and any proof of harm or losses. Keep originals safely stored.
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