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Textual Amendments
F1Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2
Modifications etc. (not altering text)
C1Pt. 21 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 97
21.2.—(1) A protected party must have a litigation friend to conduct proceedings on [F2their] behalf.
[F3(2) Unless the court makes an order under paragraph (3), a litigation friend must conduct proceedings on a child’s behalf.]
(3) The court may make an order permitting a child to conduct proceedings without a litigation friend.
(4) An application for an order under paragraph (3)—
(a)may be made by the child;
(b)if the child already has a litigation friend, must be made on notice to the litigation friend; and
(c)if the child has no litigation friend, may be made without notice.
(5) Where—
(a)the court has made an order under paragraph (3); and
[F4(b)it later appears to the court desirable for a litigation friend to conduct the proceedings on the child’s behalf,]
the court may appoint a person to be the child’s litigation friend.
[F5(6) Where one of the parties is a child or protected party, that party shall be referred to in the title to the proceedings as “[name] (a [child] [protected party]) by [name] as litigation friend”.
(7) Where one of the parties is a child conducting the proceedings on their own behalf, the child shall be referred to in the title as “[name] (a child)”.]]
Textual Amendments
F2Word in rule 21.2(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(a)
F3Rule 21.2(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(b)
F4Rule 21.2(5)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(c)
F5Rule 21.2(6)(7) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(d)