[O

[O. 67, rr. 1-5

ORDER 67

CHANGE OF SOLICITOR

Notice of Change of Solicitor

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, unless and until notice of the change is filed and copies of the notice are served in accordance with this rule, the former solicitor shall subject to rules 5 and 6, be considered the solicitor of the party until the final determination of the cause or matter, whether in the High Court or the Court of Appeal.

(2) Notice of a change of solicitor must be filed, in the case where the cause or matter is proceedings in a Sub-Registry, in that Sub-Registry and, in the case of any other cause or matter, 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 indorsed with a memorandum stating that the notice has been duly filed in the appropriate office (naming it).

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

Notice of Change of Agent Solicitor

2. (1) Where a solicitor for whom some other solicitor is acting as agent in a cause or matter changes the solicitor so acting, notice of the change must be given, and rule 1(2) shall apply in relation to a notice of change of agent as it applies in relation to a notice of change of solicitor.

(2) The solicitor giving the notice must serve on every party to the cause or matter (not being the party for whom he is acting or a party in default as to entry of appearance) and on the solicitor formerly acting as agent a copy of the notice indorsed with a memorandum stating that the notice has been duly filed in the appropriate office (naming it).

Notice of Appointment of Solicitor

3. 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, with the necessary modifications, apply in relation to a notice of appointment of a solicitor as they apply in relation to a notice of change of solicitor.

Notice of Intention to Act in Person

4. Where a party, after having sued in or defended by a solicitor, intends and is entitled to act in person, the change may be made without an order for the purpose and rule 1 shall, with the necessary modifications, apply 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 must contain an address for service of the party giving it.

Removal of Solicitor from Record at Instance of Another Party

5. (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 been given notice of change of solicitor or notice of intention to act in person in accordance with the foregoing provisions of this Order,

any other party to the cause or matter may apply to the High Court or, if an appeal to the Court of Appeal is pending in the cause or matter, to the Court of Appeal 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 High Court or the Court of Appeal as the case may be, may make an order accordingly.

[O. 67, rr. 5-7

Court of Appeal, as the case may be, 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 is made under this rule the party on whose application it was made must-

(a) serve 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

(b) procure the order to be entered in the appropriate office mentioned in rule 1(2), and

(c) leave at that office a copy of the order and a certificate signed by him or his solicitor that the order has been duly served as aforesaid.

(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.

6. (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 4, the solicitor may apply to the High Court or if an appeal to the Court of Appeal is pending in the cause or matter to the Court of Appeal, for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter and the High Court or the Court of Appeal, as the case may be, may make an order accordingly, but unless and until the solicitor-

(a) 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

(b) procures the order to be entered in the appropriate office mentioned in rule 1(2), and

(c) leaves at that office a copy of the order and a certificate signed by him that the order has been duly served as aforesaid,

he shall, subject to the foregoing provisions of this Order, be considered the solicitor

of the party till the final determination of the cause or matter, whether in the High Court or Court of Appeal.

(2) An application for an order under this rule must be made by summons or, in the case of an application to the Court of Appeal, by motion, and the summons or notice of motion must, unless the High Court or Court of Appeal, as the case may be, 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 made under this rule shall not affect the rights of the solicitor and party for whom he acted as between themselves.

Address for Service of Party whose Solicitor is Removed etc.

7. Where-

(a) an order is made under rule 5, or

(b) an order is made under rule 6, and the applicant for that order has complied with rule 6(1),

then, unless and 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 3 or, being entitled to act in person, gives notice of his intention so to do and complies with rule 4, 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.