Rule 42.1 states that where the address for service of a party is the business address¹ of his solicitor, the solicitor will be considered to be acting for that party until the provisions of Part 42 have been complied with.

Subject to rule 42.2(6) (where the certificate of a LSC funded client or assisted person is revoked or discharged), where a party has changed his solicitor or intends to act in person, the former solicitor will be considered to be the party's solicitor unless or until;

The notice should not be filed until every other party has been served.

A solicitor appointed to represent a party only as an advocate at a hearing will not be considered to be acting for that party within the meaning of Part 42.

Rule 42.2(1) sets out the circumstances following which a notice of the change must be filed and served.

A notice of the change giving the last known address of the former assisted person must also be filed and served on every party where, under rule 42.2(6):

In addition, where a party or solicitor changes his address for service, a notice of that change should be filed and served on every party.

A party who, having conducted a claim by a solicitor, intends to act in person must give in his notice an address for service that is within the jurisdiction⁵.

Practice form N434 should be used to give notice of any change. The notice should be filed in the court office in which the claim is proceeding.

Where the claim is proceeding in the High Court the notice should be filed either in the appropriate District Registry or if the claim is proceeding in the Royal Courts of Justice, as follows;

Where the claim is the subject of an appeal to the Court of Appeal, the notice should also be filed in the Civil Appeals Office.

(The Costs Practice Direction^pdp-43 supplementing Parts 43 to 48 contains details of the information required to be included when the funding arrangements for the claim change)

A solicitor may apply under rule 42.3 for an order declaring that he has ceased to be the solicitor acting for a party.

The application should be made in accordance with Part 23⁶ and must be supported by evidence⁷. Unless the court directs otherwise the application notice must be served on the party⁸.

An order made under rule 42.3 must be served on every party and takes effect when it is served. Where the order is not served by the court, the person serving must file a certificate of service in practice form N215.

Rule 42.4 sets out circumstances in which any other party may apply for an order declaring that a solicitor has ceased to be the solicitor acting for another party in the proceedings.

The application should be made in accordance with Part 23 and must be supported by evidence. Unless the court directs otherwise the application notice must be served on the party to whose solicitor the application relates.

An order made under rule 42.4 must be served on every other party to the proceedings. Where the order is not served by the court, the person serving must file a certificate of service in practice form N215.

Where the court has made an order under rule 42.3 that a solicitor has ceased to act or under rule 42.4 declaring that a solicitor has ceased to be the solicitor for a party, the party for whom the solicitor was acting must give a new address for service to comply with rule 6.5(2).

(Rule 6.5(2) provides that a party must give an address for service within the jurisdiction)

(Until such time as a new address for service is given rule 6.5(6) will apply)

Rule 6.5 and the Practice Direction^pdp-06supplementing Part 6 contain information about the business address.

Rule 42.2(2)(a).

Rule 42.2(2)(b).

Rule 42.2(5).

See Rule 6.5(3).

See Part 23 and the Practice Direction which supplements it.

See Part 32 and the Practice Direction which supplements it for information about evidence.

Rule 42.3(2).