Removal of solicitor from record at instance of another party
4.—(1) Where—
(a)a solicitor who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has been suspended from practising or has for any other reason ceased to practise, and
(b)the party has not given notice of change of solicitor or notice of intention to act in person in accordance with the foregoing provisions of this Order,
any other party to the cause or matter may apply to the Court, or if an appeal to the Court of Appeal is pending in the cause or matter; to the Court of Appeal, for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court or Court of Appeal, as the case may be, may make an order accordingly.
(2) An application for an order under this rule must be made by summons or, in the case of an application to the Court of Appeal, by motion, and the summons or notice of motion must, unless the Court or Court of Appeal, as the case may be, otherwise directs, be served on the party to whose solicitor the application relates.
The application must be supported by an affidavit stating the grounds of the application.
(3) Where an order is made under this rule the party on whose application it was made must—
(a)serve on every other party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and
(b)procure the order to be entered in the appropriate office, and
(c)leave at that office a copy of the order and a certificate signed by him or his solicitor that the order has been duly served as aforesaid.
(4) An order made under this rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.