Rule 47 Change of solicitor

(1)

This rule applies where—

(a)

a party for whom a solicitor is acting in restraint proceedings or receivership proceedings wants to change his solicitor;

(b)

a party, after having represented himself in such proceedings, 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 been represented by a solicitor in such proceedings, intends to act in person.

(2)

Where this rule applies, the party or his solicitor (where one is acting) must—

(a)

lodge notice of the change at the Crown Court; 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 lodged at the Crown Court must state that notice has been served as required by paragraph (2)(b).

(4)

Subject to paragraph (5), 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 (2); or

(b)

the Crown Court makes an order under rule 48 and the order is served as required by paragraph (3) of that rule.

(5)

Where the certificate of a LSC funded client is revoked or discharged—

(a)

the solicitor who acted for that person will cease to be the solicitor acting in the proceedings as soon as his retainer is determined under regulation 4 of the Community Legal Service (Costs) Regulations 2000^f1; and

(b)

if that person wishes to continue, where he appoints a solicitor to act on his behalf paragraph (2) will apply as if he had previously represented himself in the proceedings.

(6)

“Certificate” in paragraph (5) means a certificate issued under the Funding Code (approved under section 9 of the Access to Justice Act 1999^f2) and “LSC funded client” means an individual who receives services funded by the Legal Services Commission as part of the Community Legal Service within the meaning of Part I of the Access to Justice Act 1999.

Annotations

Footnotes

f1: S.I. 2000/441, amended by S.I. 2001/882.
f2: 1999 c. 22.