PART 42CHANGE OF SOLICITOR

Change of solicitor—duty to give noticeI142.2

1

This rule applies where—

a

a party for whom a solicitor F1is acting wants to change his solicitor;

b

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

c

a party, after having conducted the claim by a solicitor, intends to act in person.

2

Where this rule applies, the party or his solicitor (where one is acting) must—

a

file notice of the change; and

b

serve notice of the change on every other party and, where paragraph (1)(a) or (c) applies, on the former solicitor.

3

The notice must state the party’s new address for service.

4

The notice filed at court must state that notice has been served as required by paragraph (2)(b).

5

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—

a

notice is served in accordance with paragraph (1); or

b

the court makes an order under rule 42.3 and the order is served as required by paragraph (3) of that rule.

F26

Where the certificate of a LSC funded client or an assisted person is revoked or discharged—

a

the solicitor who acted for that person will cease to be the solicitor acting in the case as soon as his retainer is determined—

i

under regulation 4 of the Community Legal Service (Costs) Regulations 2000; or

ii

under regulation 83 of the Civil Legal Aid (General) Regulations 1989; and

b

if that person wishes to continue—

i

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

ii

where he wants to act in person, he must give an address for service.

(Rule 6.5 deals with a party’s address for service)

(“LSC funded client” and “assisted person” are defined in rule 43.2)

7

“Certificate” in paragraph (6) means—

a

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 1999), or

b

in the case of an assisted person, a certificate within the meaning of the Civil Legal Aid (General) Regulations 1989.