The Civil Procedure Rules 1998

[F1Who may be a litigation friend without a court orderE+W

21.4.—(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

[F7(c)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.]]

Textual Amendments