header-logo header-logo

Ceasing to act

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll