Article 11 Amendments to Civil Procedure Rules 1998

In rule 42.2, for paragraph (6), substitute—

“(6)

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^f1; or

(ii)

under regulation 83 of the Civil Legal Aid (General) Regulations 1989^f2; 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^f3), or

(b)

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