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The Civil Procedure (Amendment) Rules 2007

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Amendments to the Civil Procedure Rules 1998

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4.  In Part 6—

(a)in the table of contents, for “patients” substitute “protected parties”;

(b)in rule 6.6(1), in the first sentence, for “patient” substitute “protected party”;

(c)for the table in rule 6.6(1) substitute—

Type of documentNature of partyPersons to be served
Claim formChild 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 formProtected 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 the child or protected party has no litigation friendChild or protected partySee rule 21.8.
Any other documentChild or protected partyThe litigation friend who is conducting the proceedings on behalf of the child or protected party.; and

(d)in rule 6.6(2), for “patient” substitute “protected party”.

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