The Civil Procedure Rules 1998

[F1 Scope of this Part E+W

21.1.— (1) This Part—

(a) contains special provisions which apply in proceedings involving children and protected parties;

(b) sets out how a person becomes a litigation friend; and

[F2 (c) does not apply to—

(i) proceedings under Part 75;

(ii) enforcement of specified debts by taking control of goods; or

(iii) applications in relation to enforcement of specified debts by taking control of goods,

where one of the parties to the proceedings is a child.]

(2) In this Part—

(a) ‘the 2005 Act’ means the Mental Capacity Act 2005;

(b) ‘child’ means a person under 18;

(c) ‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act;

(d) ‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings;

(e) ‘protected beneficiary’ means a protected party who lacks capacity to manage and control any money recovered by [F3 them] or on [F4 their] behalf or for [F4 their] benefit in the proceedings[F5 ;]

[F6 (f) “specified debts” has the same meaning as in rule 75.1(2)(e); and

(g) “taking control of goods” means using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.]

([F7 Rules 6.13 and 6.25 contain] provisions about the service of documents on children and protected parties.)

(Rule [F8 46.4] deals with costs where money is payable by or to a child or protected party.)]

Textual Amendments

F1 Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

F2 Rule 21.1(1)(c) substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 12(a) (with rule 41)

F3 Word in rule 21.1(2)(e) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(2)(a)

F4 Word in rule 21.1(2)(e) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(2)(b)

F5 Rule 21.1(2)(e): semicolon substituted for full stop (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 12(b)(i) (with rule 41)

F6 Rule 21.1(2)(f)(g) inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 12(b)(ii) (with rule 41)

F7 Words in rule 21.1 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(a)

F8 Word in rule 21.1 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 9(a)