How to use the N434 builder
- Enter the claim. Enter the court, the claim number and the parties, with references.
- Choose the change. Say whose representation is changing and whether a new legal representative is now instructed (box B) or the party will act in person (box A).
- Name the representatives. Give the new legal representative and the former one, with its address, or say that the party was acting in person until now.
- Give the address for documents. Enter the address to which documents about the claim should now be sent, with any phone, DX, reference and email.
- Confirm service and sign. Tick box C once every other party, and the former legal representative where there was one, has been served. Choose who signs; the builder strikes through the words that do not apply.
- Download. Download the filled N434, check it, sign it and file it at the court office where the claim is proceeding.
When a notice of change is needed
CPR 42.2 applies when a party changes its solicitor, when a party who conducted the claim in person appoints a solicitor, and when a party who conducted it by a solicitor intends to act in person. A solicitor appointed only as an advocate for a hearing is not acting for the party for these purposes (CPR 42.2(1)(b) and PD 42 para 1.3). The notice is filed in the court office where the claim is proceeding (PD 42 para 2.5) and served on every other party and, unless the party was acting in person before, on the former solicitor (CPR 42.2(2)). Where the party’s address for service is its solicitor’s business address, that solicitor is treated as acting until Part 42 is complied with (CPR 42.1).
When a solicitor has stopped acting
If no notice is given, the solicitor can apply for an order that it has ceased to act (CPR 42.3), and any other party can apply where the solicitor has died, become bankrupt, ceased to practise or cannot be found (CPR 42.4). Both are applications under Part 23, supported by evidence; fill in the application with the free N244 builder and, if you serve the order yourself, the certificate of service with the N215 builder (PD 42 paras 3.2 to 4.3).
Related tools
- Other free form builders: the N244 application notice, the N215 certificate of service and the N279 notice of discontinuance
- Time limits: the CPR deadline calculator and the deemed service calculator
- Every free tool in one place: costs help for solicitors
- HD v North Devon: abandoned claims and the costs
Sources
- Form N434: notice of change of legal representative (HMCTS, GOV.UK)
- CPR Part 42 (rules 42.1 to 42.4)
- Practice Direction 42 (paras 1.3, 2.4, 2.5, 2.7, 2.7A and 3.2 to 4.3)