C1F1PART 21CHILDREN AND PROTECTED PARTIES

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Who may be a litigation friend without a court order21.4

1

This rule does not apply if the court has appointed a person to be a litigation friend.

2

A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf is entitled to be the F2protected party’s litigation friend in any proceedings to which F3the deputy’s power extends.

3

If nobody has been appointed by the court or, in the case of a protected party, F4... appointed as a deputy as set out in paragraph (2), a person may act as a litigation friend if F5they —

a

can fairly and competently conduct proceedings on behalf of the child or protected party;

b

F6have no interest adverse to that of the child or protected party; and

F7c

where the child or protected party is a claimant, undertake to pay any costs that the claimant is ordered to pay, subject to any right to be repaid from the assets of the child or protected party.