PART 21CHILDREN AND PATIENTS

Requirement for litigation friend in proceedings by or against children and patientsI121.2

1

A patient must have a litigation friend to conduct proceedings on his behalf.

2

A child must have a litigation friend to conduct proceedings on his behalf unless the court makes an order under paragraph (3).

3

The court may make an order permitting the child to conduct proceedings without a litigation friend.

4

An application for an order under paragraph (3)—

a

may be made by the child;

b

if the child already has a litigation friend, must be made on notice to the litigation friend; and

c

if the child has no litigation friend, may be made without notice.

5

Where—

a

the court has made an order under paragraph (3); and

b

it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child, the court may appoint a person to be the child’s litigation friend.