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Rule 21.6 How a person becomes a litigation friend by court orderF1

(1)

The court may make an order appointing a litigation friend.

(2)

An application for an order appointing a litigation friend may be made F2under Part 23 by—

(a)

a person who wishes to be the litigation friend; or

(b)

a party.

(3)

Where—

(a)

a person makes a claim against a child or protected party;

(b)

the child or protected party has no litigation friend;

(c)

the court has not made an order under rule 21.2(3) (order that a child can conduct proceedings without a litigation friend); and

(d)

either—

(i)

someone who is not entitled to be a litigation friend files a defence; or

(ii)

the claimant wishes to take some step in the proceedings,

the claimant must apply to the court for an order appointing a litigation friend for the child or protected party.

(4)

An application for an order appointing a litigation friend must be supported by evidence F3of all the matters set out in rule 21.4(3).

(5)

The court may not appoint a litigation friend under this rule unless it is satisfied F4of those matters.

(F56)

Where the proposed litigation friend is the Official Solicitor, the court’s order must make provision for payment of any charges, expenses or disbursements.

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 21.6(2) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(7)(a)

F3

Words in rule 21.6(4) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(7)(b)

F4

Words in rule 21.6(5) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(7)(c)

F5

Rule 21.6(6) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(7)(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