The Civil Procedure Rules 1998

[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

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

F12Rule 21.5(4) renumbered as rule 21.5(5) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(d)

F13Word in rule 21.5(4)(a) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(b)(i)

F14Word in rule 21.5(4)(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(b)(ii)