Rule 21.4 Who may be a litigation friend without a court orderF1

(1)

This rule does not apply if the court has appointed a person to be a litigation friend.

(2)

A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf is entitled to be the F2protected party’s litigation friend in any proceedings to which F3the deputy’s power extends.

(3)

If nobody has been appointed by the court or, in the case of a protected party, F4... appointed as a deputy as set out in paragraph (2), a person may act as a litigation friend if F5they —

(a)

can fairly and competently conduct proceedings on behalf of the child or protected party;

(b)

F6have no interest adverse to that of the child or protected party; and

(F7c)

where the child or protected party is a claimant, undertake to pay any costs that the claimant is ordered to pay, subject to any right to be repaid from the assets of the child or protected party.

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 21.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(a)(i)
F3: Words in rule 21.4(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(a)(ii)
F4: Words in rule 21.4(3) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(i)
F5: Word in rule 21.4(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(ii)
F6: Word in rule 21.4(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(iii)
F7: Rule 21.4(3)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(5)(b)(iv)

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