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.