header-logo header-logo

Home Login E-newsletter About us
26 January 2018 / Richard Harrison
Issue: 7778 / Categories: Features
printer mail-detail

Ceasing to act

© Copyright LexisNexis 2026. All Rights Reserved.
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.

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

Read All
Sponsored by
Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Your magistrates’ court needs you!
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
LexisNexis Legal Awards 2026—the winners!
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
Copyright © 2026 LexisNexis
back-to-top-scroll