I am acting for a defendant in civil litigation. I have discovered that the claimant’s solicitors closed some time ago, although the firm remains on the court record. As the firm has ceased to trade, I have written to the claimant directly but have not received a response. Is there anything that I can do to amend the court record?
Any such change should be reflected on the court record. Usually, the claimant or his new solicitors would file the appropriate notice of change. However, as this has not been done, CPR rule 42.4 allows any other party to apply for an order declaring that the solicitor has ceased to be the solicitor acting for the other party in the case.
Notice of such application must be given to the party to whose solicitor the application relates, unless the court directs otherwise. If the application is successful, a copy of the order must be served on every other party to the proceedings and a certificate of service filed at court.
This FAQ is compiled by the Law Society’s Practice Advice Service telephone 0207 320 5675. Comments relating to it should be sent to Mrs Anjali Mouelhi, Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WC2A 1PL.
Whilst every effort has been made to ensure the accuracy of the information in the FAQ, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.