Q&As

Notwithstanding CPR 42.2, does a solicitor automatically come off the court record as acting for a party at the end of an ‘action’, and if so, when does an action end?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 25/09/2019

The following Dispute Resolution Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Notwithstanding CPR 42.2, does a solicitor automatically come off the court record as acting for a party at the end of an ‘action’, and if so, when does an action end?

For the purposes of this Q&A, the action in question is assumed to be one commenced and otherwise governed by the Civil Procedure Rules (CPR).

It is important first to note that there is no official ‘court record’ which a solicitor acting for a party is ‘on’ or otherwise comes ‘off’. While it is a time-honoured expression, it is not an expression found in the law. Instead, the starting point is that when an action, ie proceedings, are commenced by the issue of a claim form (either by CPR 7 or CPR 8), every party to it must give an address for service.

The claimant must provide an address for service on the claim form (CPR PD 7A, para 3.1 and see Form N1 (CPR 7), Form N208 (CPR 8) and CPR PD 16, para 2). If the claimant is legally represented by a solicitor, they are to include the solicitor’s business address for the service of documents on the claim form.

A defendant who is legally represented by a solicitor will generally notify the claimant/claimant’s solicitor that the defendant’s solicitor is instructed to accept service and that service should therefore been effected at the solicitor’s address (CPR 6.7). A defendant is required to provide an address for service under CPR 6.23(2)(a) and will do so in the acknowledgment of service (pursuant to CPR 10.5(b)).

Alternatively, a party

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