ORDER 64

CHANGE OF SOLICITOR

Notice of change of solicitor (O. 64, r. 1)
1. —(1) A party to any cause or matter who sues or defends by a solicitor may change his solicitor without an order for that purpose but, until notice of the change is filed and served in accordance with this Rule, the former solicitor shall, subject to Rules 4 and 5, be considered the solicitor of the party until the final conclusion of the cause or matter, whether in the Court or the Court of Appeal.

(2) Notice of a change of solicitor in Form 139 must be filed in the Registry.

(3) The party giving the notice must serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former solicitor a copy of the notice.

(4) The party giving the notice may perform the duties prescribed by this Rule in person or by his new solicitor.

Notice of appointment of solicitor (O. 64, r. 2)
2. Where a party, after having sued or defended in person, appoints a solicitor to act in the cause or matter on his behalf, the change may be made without an order for that purpose and Rule 1 (2), (3) and (4) shall apply, with the necessary modifications, in relation to a notice of appointment of a solicitor in Form 139 as they apply in relation to a notice of change of solicitor.

Notice of intention to act in person (O. 64, r. 3)
3. Where a party, after having sued or defended by a solicitor, intends and is entitled to act in person, the change may be made without an order for that purpose and Rule 1 shall apply, with the necessary modifications, in relation to a notice of intention to act in person as it applies in relation to a notice of change of solicitor except that the notice of intention to act in person in Form 140 must contain an address for service of the party giving it.

Removal of solicitor from record at instance of another party (O. 64, r. 4)
4. —(1) Where —

(a) a solicitor who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll of solicitors or has been suspended from practising or has for any other reason ceased to practise; and

(b) the party has not given notice of change of solicitor or notice of intention to act in person in accordance with Rules 1 to 3,

any other party to the cause or matter may apply to the Court or, if an appeal to the High Court or the Court of Appeal is pending in the cause or matter, to such Court, for an order declaring that the solicitor has ceased to be the solicitor acting for the first-mentioned party in the cause or matter, and the Court or the Court of Appeal, as the case may be, may make an order accordingly.

(2) An application for an order under this Rule must be made by summons in Form 141 and the summons must, unless the Court otherwise directs, be served on the party to whose solicitor the application relates. The application must be supported by an affidavit stating the grounds of the application.

(3) Where an order in Form 142 is made under this Rule the party on whose application it was made must serve on every other party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order.

(4) An order made under this Rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

Withdrawal of solicitor who has ceased to act for party (O. 64, r. 5)
5. —(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 1, or notice of intention to act in person in accordance with Rule 3, the solicitor may apply to the Court or the Court of Appeal, as the case may be, 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 or the Court of Appeal, as the case may be, 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 entry of appearance) a copy of the order and files a notice in Form 143 of his having ceased to act as solicitor for the party, he shall, subject to Rules 1 to 4, be considered the solicitor of the party till the final conclusion of the cause or matter, whether in the Court or the Court of Appeal.

(2) An application for an order under this Rule must be made by summons in Form 144 and the summons must, unless the Court otherwise directs, be served on the party for whom the solicitor acted. The application must be supported by an affidavit stating the grounds of the application.

(3) An order in Form 145 made under this Rule shall not affect the rights of the solicitor and the party for whom he acted as between themselves.

(4) Notwithstanding anything in paragraph (1), where the legal aid certificate of an assisted person within the meaning of the Legal Aid and Advice Act (Chapter 160) is revoked or discharged, the solicitor who acted for the assisted person shall cease to be the solicitor acting in the cause or matter; and if the assisted person whose certificate has been revoked or discharged desires to proceed with the cause or matter without legal aid and appoints that solicitor or another solicitor to act on his behalf, Rule 2 shall apply as if that party had previously sued or defended in person.

(5) A solicitor who has ceased to act for an assisted person pursuant to paragraph (4) must give notice of ceasing to act for an assisted person in Form 146.

Address for service of party whose solicitor is removed, etc. (O. 64, r. 6)
6. Where —

(a) an order is made under Rule 4;

(b) an order is made under Rule 5, and the applicant for that order has complied with Rule 5 (1); or

(c) the legal aid certificate of an assisted person within the meaning of the Legal Aid and Advice Act is revoked or discharged,

then until the party to whose solicitor or to whom, as the case may be, the order or certificate relates either appoints another solicitor and complies with Rule 2 or, being entitled to act in person, gives notice of his intention to do so and complies with Rule 3, his last known address or, where the party is a body corporate, its registered or principal office shall, for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.

Warrant to act (O. 64, r. 7)
7. —(1) Every solicitor representing any party in any cause or matter shall obtain from such party or his duly authorised agent a warrant to act for such party, either generally or in the said cause or matter.

(2) The absence of such warrant shall, if the solicitor’s authority to act is disputed, be prima facie evidence that he has not been authorised to represent such party.