Rule 21.8 Appointment of a litigation friend by court order – supplementaryF1

(1)

An application for an order under rule 21.6 or 21.7 must be served on every person on whom, in accordance with rule F26.13 (service on parent, guardian etc.), the claim form must be served.

(F32)

In the case of a protected party, an application under rule 21.6 must also be served on the protected party, unless the court directs otherwise.

(3)

An application for an order under rule 21.7 must also be served on—

(a)

the person who is the litigation friend, or F4appearing to act as such, when the application is made; and

(F5b)

the proposed litigation friend, if they are not the applicant.

(4)

On an application for an order under rule 21.6 or 21.7, the court may appoint the person proposed or any other person who satisfies the conditions F6... in rule 21.4(3).

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 21.8(1) substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rules 1(2), 15(d)
F3: Rule 21.8(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(9)(a)
F4: Words in rule 21.8(3)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(9)(b)(i)
F5: Rule 21.8(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(9)(b)(ii)
F6: Word in rule 21.8(4) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(9)(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