The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 21 E+W CHILDREN AND PROTECTED PARTIES

Textual Amendments

F1 Pt. 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)

C1 Pt. 21 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 97

How a person becomes a litigation friend by court order E+W

21.6.— (1) The court may make an order appointing a litigation friend.

(2) An application for an order appointing a litigation friend may be made by—

(a) a person who wishes to be the litigation friend; or

(b) a party.

(3) Where—

(a) a person makes a claim against a child or protected party;

(b) the child or protected party has no litigation friend;

(c) the court has not made an order under rule 21.2(3) (order that a child can conduct proceedings without a litigation friend); and

(d) either—

(i) someone who is not entitled to be a litigation friend files a defence; or

(ii) the claimant wishes to take some step in the proceedings,

the claimant must apply to the court for an order appointing a litigation friend for the child or protected party.

(4) An application for an order appointing a litigation friend must be supported by evidence.

(5) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed satisfies the conditions in rule 21.4(3).]