The Civil Procedure Rules 1998

[F1Procedure where appointment of a litigation friend ceasesE+W

21.9.—(1) When a child who is not a protected party reaches the age of 18, the litigation friend’s appointment ceases.

(2) Where a protected party regains or acquires capacity to conduct the proceedings, the litigation friend’s appointment continues until it is ended by court order.

(3) An application for an order under paragraph (2) may be made by—

(a)the former protected party;

(b)the litigation friend; or

(c)a party.

(4) The child or protected party in respect of whom the appointment to act has ceased must serve notice on the other parties—

(a)stating that the appointment of his litigation friend to act has ceased;

(b)giving his address for service; and

(c)stating whether or not he intends to carry on the proceedings.

(5) If the child or protected party does not serve the notice required by paragraph (4) within 28 days after the day on which the appointment of the litigation friend ceases the court may, on application, strike out(GL) any claim brought by or defence raised by the child or protected party.

(6) The liability of a litigation friend for costs continues until—

(a)the person in respect of whom his appointment to act has ceased serves the notice referred to in paragraph (4); or

(b)the litigation friend serves notice on the parties that his appointment to act has ceased.]

Textual Amendments