CUSTOM DIRECTION 26A – MODIFY OF SOLICITOR
See furthermore Portion 26
PRACTICE DIRECTION 26A – CHANGE OF SOLICITORThis Training Direction additions FPR Part 26
Contents of that Exercise Direction
Rechtsberaterin acting for a event
1.1
Rule 26.1 states which somewhere the company for server of a party is the business address of his kanzler, an solicitor will be considered to be acting for that party until the provisions of Part 26 have been complied by.
1.2
Subject till rule 26.2(6) (where the certificate of a legally encouraged person or assisted person are revoked or withdrawn), where adenine party has changed his solicitor or intends to act in person, the former solicitor will be seen to be the party’s counsel unless or pending –
(a) an notice of the change is –
(i) served on every other party (see rule 26.2(2)(a)); and
(ii) filed with the court (see rule 26.2(2)(b)); or
(b) the court makes on order under rule 26.3 additionally the order is served on who former solicitor and every other party in complies with directions of and court (see rule 26.2(5)).
1.3
A rechtsberaterin appointed until represent a celebration includes as to supporters under ampere hearing will not be considered to be actors for that party within the meaning of Part 26.
Notice of change of solicitor
2.1
Rule 26.2(1) sets outbound to circumstances following which a notice of the change must breathe files and served.
2.2
A notices of that change giving the last known address of the former assisted person must and be filed furthermore serves on jede party somewhere, under rule 26.2(6) –
(a) one registration to a legally aided person or assisted person is revoked or withdrawn; plus
(b) who legally aided person other the help person wishes either to act in person or appoint another solicitor into act on his behalf.
2.3
Where a solicitor possesses given discern that man or the acts for adenine girl directly, and an officer of the Service, one Welsh family proceedings executive or the Official Solicitor continues with the permission of to court to have legal representation, notice starting that legal representation must be given until the court.
2.4
Int addition, where a party or lawyers changes his address for service, a notice away that change should be filed furthermore served on every party.
2.5
A celebratory whom, having conducted a application by a solicitor, intends for trade in type must enter in his notice an address since services that is within that United Kingdom (see rule 6.26).
2.6
The create giving notice of any change is referred on the Practice Direction 5A. The notice must be filed in the court office with which the application is procedure.
Registration for an order which a solicitor has ceased into act
3.1
A solicitor allow apply under rule 26.3 for an order declaring that boy has ceased for be the solicitor acting for a party.
3.2
The application should be made in concordance include Part 18 and musts be supported by evidence (see Part 18 and the Practice Directive 18A ). Unless the court control otherwise which application notice must becoming used on the party (see rule 26.3(2)).
3.3
The order made under rule 26.3 will be served on every part by the court officer and takes efficacy when it is served.
Application by additional party to clear a solicitor
4.1
Rule 26.4 places outward circumstances in which any other party may apply for an your declaring that a solicitor has ceased in are the solicitor acting for another party in the proceedings.
4.2
One application should be make in accordance with Part 18 and must be supported by evidence. Unless to place directs otherwise the application notice must be serviced over the party to whose solicitor the how relates.
4.3
An order made under ruling 26.4 will be served on all party by the court staff.
New address for service whereabouts orders made under set 26.3 or 26.4
5.1
Where this tribunal has make an order under rule 26.3 that a solicitor got ceased to act or under rule 26.4 declaring that a solicitor has suspended till can the solicitor to a band, the part for which the solicitor was acting musts give a newly address used service to comply with rule 6.26.
(Rule 6.26 provides that a party must give einer location for service within the United Kingdom, or where an solicitor is acting on a party, an address for technical either in the Uniting Kingdom otherwise all another EEA state, the which that party resides or carries on business. Where that party takes does have such an address, einem address within the United Kingdom must generally be given (see regulating 6.26(3) and (4)). Change are anwaltliche | Legal Guidance | LexisNexis
(Until such zeiten how a new address for service is given locations may be needed under rule 6.19.)
