OpenLegislation

Rule 21.9 Procedure where appointment of a litigation friend ceasesF1

(1)

When a child who is not a protected party reaches the age of 18, the litigation friend’s appointment ceases.

(2)

Where a protected party regains or acquires capacity to conduct the proceedings, the litigation friend’s appointment continues until it is ended by court order.

(3)

An application for an order under paragraph (2) may be made by—

(a)

the F2... protected party;

(b)

the litigation friend; or

(c)

a party.

(4)

The F3party whose litigation friend’s appointment has ceased must serve notice on the other parties—

(a)

stating that the appointment of his litigation friend to act has ceased;

(b)

giving F4the party’s address for service; and

(c)

stating whether or not F5they intend to carry on the proceedings.

(F65)

Where that party was a child, the notice must state that they have reached the age of 18 and be signed by that party personally.

(F76)

If F8that party does not serve the notice required by paragraph (4) within 28 days after the day on which the appointment F9... ceases the court may, on application, F10stay or strike out(GL) any claim brought by or defence raised by that party.

(F117)

The liability of a litigation friend for costs continues F12until the party concerned serves the notice required under paragraph (4) or the former litigation friend serves notice on the parties that their appointment has ceased.

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 21.9(3)(a) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(a)

F3

Words in rule 21.9(4) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(b)(i)

F4

Words in rule 21.9(4)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(b)(ii)

F5

Words in rule 21.9(4)(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(b)(iii)

F6

Rule 21.9(5) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(c)

F7

Rule 21.9(5) renumbered as rule 21.9(6) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(d)(i)

F8

Word in rule 21.9(6) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(d)(i)

F9

Words in rule 21.9(6) omitted (6.4.2023) by virtue of The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(d)(ii)

F10

Words in rule 21.9(6) inserted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(d)(iii)

F11

Rule 21.9(6) renumbered as rule 21.9(7) (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(e)

F12

Words in rule 21.9(7) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(10)(e)

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