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Rule 21.3 Stage of proceedings at which a litigation friend becomes necessaryF1

(1)

This rule does not apply where the court has made an order under rule 21.2(3).

(2)

A person may not, without the F2the court’s permission —

(a)

make an application against a child or protected party before proceedings have started; or

(b)

take any step in proceedings except—

(i)

issuing and serving a claim form; or

(ii)

applying for the appointment of a litigation friend under rule 21.6,

until the child or protected party has a litigation friend.

(3)

If during proceedings a party lacks capacity to continue to conduct proceedings, no party may take any further step in the proceedings without the F3the court’s permission until the protected party has a litigation friend.

(4)

Any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise.

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

Words in rule 21.3(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(4)

F3

Words in rule 21.3(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(4)

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