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Withdrawal of solicitor who has ceased to act for party (P. 4, r. 12)

Family Justice (Probate and Other Matters) Rules 2024

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—(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with Rule 11(3), or notice of intention to act in person in accordance with Rule 11(4), the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter, and the Court may make an order accordingly, but until the solicitor serves on every party to the cause or matter (not being a party in default as to the filing of a notice of intention to contest or not contest) a copy of the order and files a notice in Form 159 of his or her having ceased to act as solicitor for the party, the solicitor is, subject to Rule 11, considered the solicitor of the party till the final conclusion of the cause of matter.(2) An application for an order under this Rule must be made by summons in Form 160 and the summons must, unless the Court otherwise directs, be served on the party for whom the solicitor acted.(3) The application mentioned in paragraph (2) must be supported by an affidavit stating the grounds of the application.(4) An order in Form 161 made under this Rule does not affect the rights of the solicitor and the party for whom he or she acted as between themselves.(5) Despite anything in paragraph (1), where the Grant of Aid of an aided person within the meaning of the Legal Aid and Advice Act 1995 is cancelled or otherwise ceases to have effect —(a)the solicitor who acted for the aided person ceases to be the solicitor acting in the cause or matter; and(b)if the aided person whose Grant of Aid has been revoked or otherwise ceased to have effect desires to proceed with the cause of matter without legal aid and appoints that solicitor or another solicitor to act on his or her behalf, Rule 11(1) applies as if that party had previously sued or defended in person.(6) Notice that a solicitor has ceased to act for an aided person pursuant to paragraph (5) together with the last known address of the aided person for service must be served in the manner prescribed by the Legal Aid and Advice Act 1995.

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