Service of documents on children and patientsE+W
6.6—(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child or a [F1protected party]—
| [F2Type of document | Nature of party | Persons to be served |
|---|---|---|
| Claim form | Child who is not also a protected party | • One of the child’s parents or guardians; or |
| • if there is no parent or guardian, an adult with whom the child resides or in whose care the child is. | ||
| Claim form | Protected party | One of the following persons with authority in relation to the protected party as: (i) the attorney under a registered enduring power of attorney, (ii) the donee of a lasting power of attorney, (iii) the deputy appointed by the Court of Protection; or |
| • if there is no such person, an adult with whom the protected party resides or in whose care the protected party is. | ||
| Application for an order appointing a litigation friend, where a child or patient has no litigation friend | Child or protected party | See rule 21.8. |
| Any other document | Child or protected party | The litigation friend who is conducting the proceedings on behalf of the child or protected party.] |
(2) The court may make an order permitting a document to be served on the child or [F3protected party], or on some person other than the person specified in the table in this rule.
(3) An application for an order under paragraph (2) may be made without notice.
(4) The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.
(5) This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
(Part 21 contains rules about the appointment of a litigation friend)
Textual Amendments
F1Words in rule 6.6(1) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 4(b)
F2Rule 6.6(1) Table substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 4(c)
F3Words in rule 6.6(2) substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rules 1, 4(d)
Commencement Information