OpenLegislation

Rule 17.2 Requirement for a litigation friend

(1)

This rule does not apply to P (whether P is an adult or a child).

(2)

A protected party (if a party to the proceedings) must have a litigation friend.

(3)

A child (if a party to the proceedings) must have a litigation friend to conduct those proceedings on that child's behalf unless the court makes an order under paragraph (4).

(4)

The court may make an order permitting a child to conduct proceedings without a litigation friend.

(5)

An application for an order under paragraph (4)—

(a)

may be made by the child;

(b)

if the child already has a litigation friend, must be made on notice to the litigation friend; and

(c)

if the child has no litigation friend, may be made without notice.

(6)

Where—

(a)

the court has made an order under paragraph (4); and

(b)

it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,

the court may appoint a person to be the child's litigation friend.