C1F1PART 21CHILDREN AND PROTECTED PARTIES

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

How a person becomes a litigation friend without a court order21.5

1

If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

2

A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf must file an official copy(GL) of the order of the Court of Protection which confers F5their power to act either—

a

where the F6protected party is to be a claimant, F7when the claim is made; or

b

where the F8protected party is to be a defendant, at the time when F9the deputy first takes a step in the proceedings F16on the defendant’s behalf.

3

Any other person must file a certificate of suitability stating that F11they satisfy the conditions specified in rule 21.4(3) either—

a

where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or

b

where the person is to act as a litigation friend for a defendant, at the time when F10they first take a step in the proceedings F12on the defendant’s behalf.

F134

The certificate of suitability must be verified by a statement of truth and must state in accordance with the prescribed form that the person—

a

agrees to act;

b

knows or believes the person concerned is a child or lacks capacity to conduct the proceedings (stating in the latter case the grounds for that knowledge or belief); and

c

meets the requirements of rule 21.4(3).

F145

The litigation friend must—

a

serve the certificate of suitability on every person on whom, in accordance with rule F26.13 (service on a parent, guardian etc.), the claim form should be served; and

b

file a certificate of service when F3filing the certificate of suitability.

F156

Where the grounds for believing that a protected party lacks capacity to conduct the litigation are based on expert opinion, a copy of such opinion must be served, either with the certificate of suitability or separately.

( F4Rules 6.17 and 6.29 set out the details to be contained in a certificate of service.)