Can you ignore solicitors letter

However in our view, this is a classic case where had the Ritz at Brighouse received specialist advice, they would have avoided much of the upheaval they went through. The second is more recent and involves the brewery BrewDog. This is a brewery that prides itself on being different and not conforming to the corporate image that many large breweries now ascribe to. Brewdog is launching a vodka with this name and has registered a number of trade marks. The pub claims it selected the name in when launching — as they wanted to stand out from the crowd.

There is a certain amount of common sense applied in trade mark disputes. At the end of the day, as trade mark specialists, we are interested in the common person and whether they could get confused with a vodka brand and a pub in Birmingham. In both cases, smaller businesses have lost out before knowing their options. I hate to see people being pushed around for want of good advice.

Admittedly, in certain situations, my advice may be to capitulate. However, this will only be after I have reviewed the facts and weighed up the commercial factors in play. It is the reason we train for many years and learn the dark arts of litigation and the law.

For every letter before action, I write and send; I have an equal number of calls seeking my thoughts on a scary letter received by our clients who, more often than not, are operating completely lawfully. As solicitors, our chief job is to translate the complex legal jargon and present it to our clients in a way that is helpful and informative.

Unfortunately, as detailed above, many people are unsure of what to do when you receive a legal letter. Because of this they forego this service and act without engaging a solicitor to advise them — which leads to an even costlier path.

So my advice to anyone who has received a letter from a solicitor would be as follows:. I appreciate picking up the phone to a solicitor can seem scary to some. But remember, we are only human. Let a solicitor unmask it for you; let us provide the advice that could actually save you a significant amount of time and money. Virtuoso Legal is a team of intellectual property specialists based in Leeds and London - operating worldwide. If this is the first letter you've had, it might be an empty threat.

If any sort of legal action has started, it might be dangerous to ignore the letter. Depends what it says. If it's a letter before action, it might be as well to reply to it!

It's usually best to acknowledge it and give your side, in any case, if you deny the claim or it is based on a false understanding of the facts, so the solicitor, who has only got what the client says to go on, can see that and will go back to the client and get instructions. Once they see what you say, they may tell the client that there is no case and they'd better save their money.

If in doubt about the effect of your reply, head it "Without prejudice" so it can't be used in evidence. Many years ago I was involved in a parking dispute with a neighbour.

He was completely in the wrong but thought that by dint of getting his expensive solicitor to write to me he could press his point. It can be difficult to know whether it is the right time to make an application to court. Writing a warning letter can be a good way of avoiding court proceedings. Sometimes it is not safe to send a warning letter, in which case you may need to go directly to court without informing the other party. This legal guide will give you information about how and when to write a warning letter.

Rights of Women publishes a number of other legal guides that may be useful including Family Court proceedings: where can I get advice and support?

You can access our full range of legal guides at www. A warning letter is a letter or email which you write to inform someone that they must change their behaviour or you will make an application to court. For example, you may wish to ask someone to stop harassing you, or obtain permission to take your children abroad on holiday.

By sending someone a warning letter you are giving them one last chance to resolve the issue by agreement without the need for court proceedings. It may be easiest to send the warning letter by email as you can print a copy. If you are posting the letter, remember to make a copy. It may be that the warning letter resolves the issue. If the letter does not resolve the issue then you can make an application to court.