The Civil Procedure Rules 1998

How a person becomes a litigation friend by court orderE+W

21.6—(1) The court may make an order appointing a litigation friend.

(2) An application for an order appointing a litigation friend may be made by—

(a)a person who wishes to be the litigation friend; or

(b)a party.

(3) Where—

(a)a person makes a claim against a child or patient;

(b)the child or patient has no litigation friend;

(c)the court has not made an order under rule 21.2(3) (order that a child can act without a litigation friend); and

(d)either—

(i)someone who is not entitled to be a litigation friend files a defence; or

(ii)the claimant wishes to take some step in the proceedings,

  • the claimant must apply to the court for an order appointing a litigation friend for the child or patient.

(4) An application for an order appointing a litigation friend must be supported by evidence.

(5) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 21.4(3).

Commencement Information

I1Rule 21.6 in force at 26.4.1999, see Signature