42.2
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(1)
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This rule applies where -- a party for whom a solicitor is acting wants to
change his solicitor;
- 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
- a party, after having conducted the claim by a
solicitor, intends to act in person.
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(2)
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Where this rule applies, the party or his solicitor
(where one is acting) must -- file notice of the change; and
- serve notice of the change on every other party
and, where paragraph (1)(a) or (c) applies, on the former solicitor.
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(3)
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The notice must state the partys new address for
service.
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(4)
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The notice filed at court must state that notice has
been served as required by paragraph (2)(b).
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(5)
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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 partys solicitor unless and until -- notice is served in accordance with paragraph
(1); or
- the court makes an order under rule 42.3 and the
order is served as required by paragraph (3) of that rule.
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(6)
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Where the certificate of a LSC funded client or an
assisted person is revoked or discharged -- the solicitor who acted for that person will
cease to be the solicitor acting in the case as soon as his retainer is
determined -
- under regulation 4 of the Community Legal
Service (Costs) Regulations 2000
(3)
;
or
- under regulation 83 of the Civil Legal Aid
(General) Regulations 1989
(4)
; and
- 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 conducted the claim in
person; and
- where he wants to act in person, he must
give an address for service.
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(Rule 6.5 deals with a partys address for
service)
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(LSC funded client and assisted
person are defined in rule 43.2)
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(7)
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Certificate in paragraph (6) means
-- 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
(5)
), or
- in the case of an assisted person, a certificate
within the meaning of the Civil Legal Aid (General) Regulations 1989.
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