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Rule 21.2 Requirement for a litigation friend in proceedings by or against children and protected partiesF1

(1)

A protected party must have a litigation friend to conduct proceedings on F2their behalf.

(F32)

Unless the court makes an order under paragraph (3), a litigation friend must conduct proceedings on a child’s behalf.

(3)

The court may make an order permitting a child to conduct proceedings without a litigation friend.

(4)

An application for an order under paragraph (3)—

(a)

may be made by the child;

(b)

if the child already has a litigation friend, must be made on notice to the litigation friend; and

(c)

if the child has no litigation friend, may be made without notice.

(5)

Where—

(a)

the court has made an order under paragraph (3); and

(F4b)

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.

(F56)

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”.

(7)

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