See also Practice Direction
42
Part
42
CHANGE OF SOLICITOR
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Solicitor acting for a party
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42.1 |
Where the address for service of a party is the
business address of his solicitor, the solicitor will be considered to be
acting for that party until the provisions of this Part have been complied
with.
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(Part 6 contains provisions about the address for
service)
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Change of solicitor – duty to give
notice
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42.2 |
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This rule applies where –
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a party for whom a solicitor is acting wants to
change his solicitor;
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a party, after having conducted the claim in
person, appoints a solicitor to act on his behalf (except where the solicitor
is appointed only to act as an advocate for a hearing); or
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a party, after having conducted the claim by a
solicitor, intends to act in person.
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Where this rule applies, the party or his solicitor
(where one is acting) must –
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file notice of the change; and
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serve notice of the change on every other party
and, where paragraph (1)(a) or (c) applies, on the former solicitor.
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The notice must state the party’s new address for
service.
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The notice filed at court must state that notice has
been served as required by paragraph (2)(b).
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Subject to paragraph (6), 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 and until –
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notice
is filed and served in accordance with paragraph (2); or
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the court makes an order under rule 42.3 and the
order is served as required by paragraph (3) of that rule.
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Where the certificate of a LSC funded client or an
assisted person is revoked or discharged –
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the solicitor who acted for that person will
cease to be the solicitor acting in the case as soon as his retainer is
determined –
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under regulation 4 of the Community Legal
Service (Costs) Regulations 20001;
or
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under regulation 83 of the Civil Legal Aid
(General) Regulations 19892;
and
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if that person wishes to continue –
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where he appoints a solicitor to act on his
behalf, paragraph (2) will apply as if he had previously conducted the claim in
person; and
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where he wants to act in person, he must
give an address for service.
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(Rules
6.23 and 6.24 contain provisions about a party’s address for service.)
(‘LSC funded client’ and ‘assisted
person’ are defined in rule 43.2)
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‘Certificate’ in paragraph (6) means
–
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in the case of a LSC funded
client, a certificate issued under the Funding Code (approved under section 9
of the Access to Justice Act 19993),
or
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in the case of an assisted person, a certificate within the meaning of the Civil Legal Aid (General) Regulations 1989.
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New wording in 42.2(5)(a) w/e from 1 June 2004,
Text substituted in the first parenthesis below Rule 42.2(6)(b)(ii) w/e from 1 October 2008. |
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Order that a solicitor has ceased to
act
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42.3 |
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A solicitor may apply for an order declaring that he
has ceased to be the solicitor acting for a party.
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Where an application is made under this rule
–
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notice of the application must be given to the
party for whom the solicitor is acting, unless the court directs otherwise;
and
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the application must be supported by
evidence.
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Where the court makes an order that a solicitor has
ceased to act –
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a copy of the order must be served on every party
to the proceedings; and
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if it is served by a party or the solicitor, the
party or the solicitor (as the case may be) must file a certificate of
service.
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Removal of solicitor who has ceased to act on
application of another party
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42.4 |
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Where –
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a solicitor who has acted for a party
–
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has become bankrupt;
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has ceased to practice; or
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cannot be found; and
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the party has not given notice of a change of
solicitor or notice of intention to act in person as required by rule
42.2(2),
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any other party may apply for an order declaring that
the solicitor has ceased to be the solicitor acting for the other party in the
case.
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Where an application is made under this rule, notice of
the application must be given to the party to whose solicitor the application
relates unless the court directs otherwise.
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Where the court makes an order made under this rule
–
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a copy of the order must be served on every other
party to the proceedings; and
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where it is served by a party, that party must
file a certificate of service.
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