Royal Court of Jersey
Practice Direction (Family Judges)
Change of Legal Representative/Party Acting in Person
acknowledges that advocates may, at times, be embarrassed because parties fail
to provide instructions or funds (or both) or are otherwise unable to continue
reminded that in line with the provisions of
Royal Court Rule 20/4 and Rule 69 of the Matrimonial Causes Rules 2005,
advocates remain on the record unless and until formal notice of change including
a new address for service has been filed at court and served on all parties to
the proceedings. This applies equally to applications under the Children
(Jersey) Law 2002.
circumstances in which counsel wish to be relieved of their duty to appear before
the court, and their former client has failed to file and serve a notice of
acting in person or instruct a new legal representative, advocates are required to file an application (usually
on notice to their client only) requesting that the court discharges them
from their obligation to appear before
the court or otherwise remain on the record.
application should be filed in Form 15 or Form C2. The court will waive any
stamp duty payable for such an application.
The court will do whatever it can to ensure that any hearing required is
listed at the earliest opportunity, subject to court being satisfied that at
least two clear days' notice has been given to the former client concerned.
are able to secure their former client's agreement to file and serve a notice
of acting in person, which must always include an address for service,
advocates will be relieved of the obligation to make an application to the
avoidance of doubt, until a notice of change of advocate or notice of acting in
person is filed and served or the court discharges the advocate from their duty
following an application, the court will treat the advocate on record as the
address for service (and expect counsel to appear at any scheduled court hearings
until they are released in accordance with this practice direction).
This Practice Direction will come into force with immediate effect.
14 July 2021