The Civil Procedure Rules 1998

[F1How a person becomes a litigation friend without a court orderE+W

21.5.—(1) If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

(2) A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf must file an official copy(GL) of the order of the Court of Protection which confers his power to act either—

(a)where the deputy is to act as a litigation friend for a claimant, at the time the claim is made; or

(b)where the deputy is to act as a litigation friend for a defendant, at the time when he first takes a step in the proceedings on behalf of the defendant.

(3) Any other person must file a certificate of suitability stating that he satisfies the conditions specified in rule 21.4(3) either—

(a)where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or

(b)where the person is to act as a litigation friend for a defendant, at the time when he first takes a step in the proceedings on behalf of the defendant.

(4) The litigation friend must—

(a)serve the certificate of suitability on every person on whom, in accordance with rule [F26.13] (service on a parent, guardian etc.), the claim form should be served; and

(b)file a certificate of service when [F3filing] the certificate of suitability.

( [F4Rules 6.17 and 6.29 set] out the details to be contained in a certificate of service.)]

Textual Amendments