The Civil Procedure Rules 1998

Changes to legislation:

The Civil Procedure Rules 1998, Section 21.5 is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Rule 21.5:

rule 21.5(2)(b) words substituted by S.I. 2023/105 rule 14(6)(a)(iii)(cc) (This amendment not applied to legislation.gov.uk. The words to be substituted do not appear in rule 21.5(2)(b))

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(i) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(ii) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
Sch. 2 CCR Order 27 rule 4(b) words omitted by S.I. 2014/407 rule 39(e)(ii)(aa) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 4(b))
Sch. 2 CCR Order 27 rule 10(3) words omitted by S.I. 2014/407 rule 39(k)(iii) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 10(3))
Sch. 2 CCR Order 28 words omitted by S.I. 2014/867 rule 21(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 28)
Sch. 2 CCR Order 39 words omitted by S.I. 2014/867 rule 22(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 39)
Sch. 2 CCR Order 27 rule 4(b) words substituted by S.I. 2014/407 rule 39(e)(ii)(bb) (This amendment not applied to legislation.gov.uk. The words "by that chief executive" do not appear in Sch. 2 CCR Order 27 rule 4(b))
Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 27)
Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 27)
Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 27)
Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 27)
Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 28)
Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 28)
Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 39)
Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 39)
Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 39)
Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 44)
Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 44)
Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 44)
rule 45.15A(3) inserted by S.I. 2024/839 rule 11(4)
rule 1.1(2)(g) rule 1.1(2)(f) renumbered as rule 1.1(2)(g) by S.I. 2024/839 rule 3(1)(c)
rule 2.4(1)(a) words substituted by S.I. 2024/839 rule 4(2)
rule 3.1(2)(d)-(n) rule 3.1(2)(c)-(ll) renumbered as rule 3.1(2)(d)-(n) by S.I. 2024/839 rule 5(1)(a)(ii)
rule 3.1(2)(o) inserted by S.I. 2024/839 rule 5(1)(a)(iii)
rule 3.1(2)(p) rule 3.1(2)(m) renumbered as rule 3.1(2)(p) by S.I. 2024/839 rule 5(1)(a)(iv)
rule 25.1(n) word omitted by S.I. 2005/3515 rule 7(a)(i)
rule 28.7(1)(d) inserted by S.I. 2024/839 rule 8(1)(c)
rule 28.14(1)(f) inserted by S.I. 2024/839 rule 8(2)(a)(iii)
rule 29.2(1A) inserted by S.I. 2024/839 rule 9
rule 44.2(5)(e) inserted by S.I. 2024/839 rule 10(1)(c)
rule 45.48(3)(4) inserted by S.I. 2024/839 rule 11(6)
rule 45.51(5)(6) inserted by S.I. 2024/839 rule 11(7)
rule 52.13(1)(a) words inserted by S.I. 2014/879 art. 76 (This amendment not applied to legislation.gov.uk. There is no rule 52.13(1)(a))
rule 52.3B inserted by S.I. 2024/839 rule 13(3)

[F1How a person becomes a litigation friend without a court orderE+W

21.5.—(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 [F2their] power to act either—

(a)where the [F3protected party is to be] a claimant, [F4when] the claim is made; or

(b)where the [F5protected party is to be] a defendant, at the time when [F6the deputy] first takes a step in the proceedings [F7on the defendant’s behalf].

(3) Any other person must file a certificate of suitability stating that [F8they 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 [F9they first take] a step in the proceedings [F10on the defendant’s behalf].

[F11(4) 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).]

[F12(5)] The litigation friend must—

(a)serve the certificate of suitability on every person on whom, in accordance with rule [F136.13] (service on a parent, guardian etc.), the claim form should be served; and

(b)file a certificate of service when [F14filing] the certificate of suitability.

[F15(6) 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.]

( [F16Rules 6.17 and 6.29 set] out the details to be contained in a certificate of service.)]

Textual Amendments

F1Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

F2Word in rule 21.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(i)

F3Words in rule 21.5(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(ii)(aa)

F4Word in rule 21.5(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(ii)(bb)

F5Words in rule 21.5(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(iii)(aa)

F6Words in rule 21.5(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(iii)(bb)

F7Words in rule 21.5(2)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 12

F8Words in rule 21.5(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(i)

F9Words in rule 21.5(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(ii)(aa)

F10Words in rule 21.5(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(ii)(bb)