The Civil Procedure Rules 1998

[F1Stage of proceedings at which a litigation friend becomes necessaryE+W

21.3.—(1) This rule does not apply where the court has made an order under rule 21.2(3).

(2) A person may not, without the permission of the court—

(a)make an application against a child or protected party before proceedings have started; or

(b)take any step in proceedings except—

(i)issuing and serving a claim form; or

(ii)applying for the appointment of a litigation friend under rule 21.6,

until the child or protected party has a litigation friend.

(3) If during proceedings a party lacks capacity to continue to conduct proceedings, no party may take any further step in the proceedings without the permission of the court until the protected party has a litigation friend.

(4) Any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise.]

Textual Amendments