[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
F1Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2
F2Words in rule 21.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(a)(i)
F3Words in rule 21.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(a)(ii)
F4Words in rule 21.4(3) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(i)
F5Word in rule 21.4(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(ii)
F6Word in rule 21.4(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(iii)
F7Rule 21.4(3)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(iv)