C1F1PART 21CHILDREN AND PROTECTED PARTIES
Pt. 21 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 97
How a person becomes a litigation friend by court order21.6
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 protected party;
b
the child or protected party has no litigation friend;
c
the court has not made an order under rule 21.2(3) (order that a child can conduct proceedings 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 protected party.
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 satisfies the conditions in rule 21.4(3).
Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2