The Civil Procedure Rules 1998

Change of solicitor—duty to give noticeE+W

42.2—(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) [F2Except in the case of notice filed at court using MyHMCTS, 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—

[F3(a)notice is filed and served in accordance with paragraph (2); or]

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

[F4(6) [F5Where the certificate of a person to whom legal aid is provided is revoked or withdrawn—

(a) the solicitor who acted for that person will cease to be a solicitor acting in the case as soon as the solicitor’s retainer is determined under regulation 24 or 41 of the Civil Legal Aid (Procedure) Regulations 2012; 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.

[F6(Rules 6.23 and 6.24 contain provisions about a party’s address for service.)]

F7...

(7) [F8“Certificate” in paragraph (6) means a certificate issued under the Civil Legal Aid (Procedure) Regulations 2012.]]

Textual Amendments

F1Words in rule 42.2(1)(a) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 16

F2Words in rule 42.2(3) substituted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 12

F3Rule 42.2(5)(a) substituted (1.6.2004) by The Civil Procedure (Amendment) Rules 2004 (S.I. 2004/1306), rules 1(a), 8

F4Rule 42.2(6)(7) substituted for rule 42.2(6) (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 11 (with rule 39)

F5Words in rule 42.2(6) substituted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 13(a)(i) (with reg. 14(2))