The Civil Procedure Rules 1998

[F1Scope of this PartE+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 [F3them] or on [F4their] behalf or for [F4their] 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.]

([F7Rules 6.13 and 6.25 contain] provisions about the service of documents on children and protected parties.)

(Rule [F846.4] deals with costs where money is payable by or to a child or protected party.)]

Textual Amendments

F5Rule 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)