Rule 21.2 Requirement for a litigation friend in proceedings by or against children and protected partiesF1
A protected party must have a litigation friend to conduct proceedings on F2their behalf.
Unless the court makes an order under paragraph (3), a litigation friend must conduct proceedings on a child’s behalf.
The court may make an order permitting a child to conduct proceedings without a litigation friend.
An application for an order under paragraph (3)—
may be made by the child;
if the child already has a litigation friend, must be made on notice to the litigation friend; and
if the child has no litigation friend, may be made without notice.
Where—
the court has made an order under paragraph (3); and
it later appears to the court desirable for a litigation friend to conduct the proceedings on the child’s behalf,
the court may appoint a person to be the child’s litigation friend.
Where one of the parties is a child or protected party, that party shall be referred to in the title to the proceedings as “[name] (a [child] [protected party]) by [name] as litigation friend”.
Where one of the parties is a child conducting the proceedings on their own behalf, the child shall be referred to in the title as “[name] (a child)”.
Annotations
Textual amendments
- F1
Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2
- F2
Word in rule 21.2(1) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(a)
- F3
Rule 21.2(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(b)
- F4
Rule 21.2(5)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(c)
- F5
Rule 21.2(6)(7) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(3)(d)
Notes on Part 21
Textual amendments
- F2
Words in Pt. 21 Table of Contents substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(1)
Modifications
- C1
Pt. 21 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 97