Rule 7 Litigation friend: change of circumstances
Where a child for whom a litigation friend is acting on a complaint reaches the age of 18 before the complaint has been concluded, the appointment of the litigation friend continues unless and until the order of appointment is discharged (see paragraph (3)).
Where a person who lacks capacity to make a complaint or to participate in proceedings on the complaint and for whom a litigation friend is acting ceases to lack capacity before the complaint has been concluded, the appointment of the litigation friend continues unless and until the order of appointment is discharged (see paragraph (3)).
In a case within paragraph (1) or (2), the protected party or the litigation friend may apply to the President of Tribunals for the discharge of the order of appointment of the litigation friend.
An application under paragraph (3)—
must be made in accordance with rule 105, and
must be supported by evidence.
Where a person appointed as a litigation friend on a complaint dies before the complaint has been concluded, the proceedings on the complaint are stayed until the President of Tribunals appoints a new litigation friend.
Where the complainant or the respondent loses capacity to participate in proceedings on the complaint, no step may be taken in the proceedings until a litigation friend is appointed for the person unless, pending the appointment, the President of Tribunals gives permission for that step to be taken.