PART 21CHILDREN AND PATIENTS

How a person becomes a litigation friend by court orderI121.6

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).