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Rule 32 Service of documents on children and protected parties

Original text. Later amendments are not shown.

(1)

The following table shows the person on whom a document must be served if it is a document which would otherwise be served on—

(a)

a child; or

(b)

a protected party.

Type of documentNature of partyPerson to be served
(a)

1989, c. 41.
Application formChild

  • A person who has parental responsibility for the child within the meaning of the Children Act 1989f1; or

  • if there is no such person, a person with whom the child resides or in whose care the child is.

Application formProtected party

  • The person who is authorised to conduct the proceedings in the protected party’s name or on his behalf; or

  • a person who is a duly appointed attorney, donee or deputy of the protected party; or

  • if there is no such person, a person with whom the protected party lives or in whose care the latter is.

Application for an order appointing a litigation friend, where a child or protected party has no litigation friend

Child or protected party

  • See rule 145 (appointment of litigation friend by court order - supplementary).

Any other documentChild or protected party

  • The litigation friend or other duly authorised person who is conducting the proceedings on behalf of the child or protected party.
(2)

The court may make an order for service on a child or a protected party by permitting the document to be served on some person other than the person specified in the table set out in paragraph (1) above (which may include service on the child or the protected party).

(3)

An application for an order under paragraph (2) may be made without notice.

(4)

The court may order that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.

(5)

This rule does not apply in relation to the service of documents upon a child in any case where the court has made an order under rule 141(4) permitting the child to conduct proceedings without a litigation friend.

Annotations

Footnotes

f1

(a)

1989, c. 41.