header-logo header-logo

26 January 2018 / Richard Harrison
Issue: 7778 / Categories: Features
printer mail-detail

Ceasing to act

nlj_7778_harrison

Richard Harrison considers the practicalities & legalities of ‘coming off the record’

  • What is the effect on a court case of a solicitor ceasing to act for a client?
  • What are the requirements to put this into effect?

Many (including possibly some judges) share the mistaken belief that, even if solicitors have validly terminated their retainer with a client, they owe duties to the court to continue to incur costs and represent the client unless the court gives them permission to withdraw. Quite simply that is not the case. The process for ceasing to act does not entail getting permission from the court to stop representing the client.

The requirements under CPR Pt 42.3 are, as the commentary makes clear, based on establishing certainty of communication and service. The rule is headed: ‘Order that a solicitor has ceased to act’ and states that ‘a solicitor may apply for an order declaring that he has ceased to be the solicitor acting for a party’.

This is not framed in terms of permission to stop acting. And the ‘court record’ is not mentioned. What it provides

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll