Rule 21.5 How a person becomes a litigation friend without a court orderF1

(1)

If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.

(2)

A deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf must file an official copy^(GL)of the order of the Court of Protection which confers F2their power to act either—

(a)

where the F3protected party is to be a claimant, F4when the claim is made; or

(b)

where the F5protected party is to be a defendant, at the time when F6the deputy first takes a step in the proceedings F7on the defendant’s behalf.

(3)

Any other person must file a certificate of suitability stating that F8they satisfy the conditions specified in rule 21.4(3) either—

(a)

where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or

(b)

where the person is to act as a litigation friend for a defendant, at the time when F9they first take a step in the proceedings F10on the defendant’s behalf.

(F114)

The certificate of suitability must be verified by a statement of truth and must state in accordance with the prescribed form that the person—

(a)

agrees to act;

(b)

knows or believes the person concerned is a child or lacks capacity to conduct the proceedings (stating in the latter case the grounds for that knowledge or belief); and

(c)

meets the requirements of rule 21.4(3).

(F125)

The litigation friend must—

(a)

serve the certificate of suitability on every person on whom, in accordance with rule F136.13 (service on a parent, guardian etc.), the claim form should be served; and

(b)

file a certificate of service when F14filing the certificate of suitability.

(F156)

Where the grounds for believing that a protected party lacks capacity to conduct the litigation are based on expert opinion, a copy of such opinion must be served, either with the certificate of suitability or separately.

( F16Rules 6.17 and 6.29 set out the details to be contained in a certificate of service.)

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 21.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(i)
F3: Words in rule 21.5(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(ii)(aa)
F4: Word in rule 21.5(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(ii)(bb)
F5: Words in rule 21.5(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(iii)(aa)
F6: Words in rule 21.5(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(iii)(bb)
F7: Words in rule 21.5(2)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 12
F8: Words in rule 21.5(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(i)
F9: Words in rule 21.5(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(ii)(aa)
F10: Words in rule 21.5(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(ii)(bb)
F11: Rule 21.5(4) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(c)
F12: Rule 21.5(4) renumbered as rule 21.5(5) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(d)
F13: Word in rule 21.5(4)(a) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(b)(i)
F14: Word in rule 21.5(4)(b) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(b)(ii)
F15: Rule 21.5(6) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(e)
F16: Word in rule 21.5 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(c)

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