# The Court of Protection Rules 2007, Rule 142: Litigation friend without a court order


(1) This rule does not apply—
(a) in relation to P;
(b) where the court has appointed a person under rule 143 or 144; or
(c) where the Official Solicitor is to act as litigation friend.
(2) A deputy with the power to conduct legal proceedings in the name of the protected party or on the protected party’s behalf is entitled to be a litigation friend of the protected party in any proceedings to which his power relates.
(3) If no one has been appointed by the court, or in the case of a protected party, there is no deputy with the power to conduct proceedings, a person who wishes to act as a litigation friend must—
(a) file a certificate of suitability stating that he satisfies the conditions specified in rule 140(1); and
(b) serve the certificate of suitability on—
(i) the person on whom an application form is to be served in accordance with rule 32 (service on children and protected parties); and
(ii) every other person who is a party to the proceedings.
(4) If the person referred to in paragraph (2) wishes to act as a litigation friend for the protected party, he must file and serve a copy of the court order which appointed him on those persons mentioned in paragraph (3)(b).

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Source: https://www.legislation.gov.uk/uksi/2007/1744/rule/142 (the official version)
Page: https://openlegislation.uk/court-of-protection-rules-2007/rule-142
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.