The Civil Procedure Rules 1998

Change of solicitor—duty to give notice

42.2—(1) This rule applies where—

(a) a party for whom a solicitor has acted 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.

(6) Where the certificate of an assisted person within the meaning of the Civil Legal Aid (General) Regulations 1989(1) is revoked or discharged—

(a) the solicitor who acted for the assisted person shall cease to be the solicitor acting in the case as soon as his retainer is determined under regulation 83 of those Regulations; and

(b) if the assisted 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)

(1)

S.I. 1989/ 339 to which there are amendments not relevant to these Rules.