Rule 17.3 Litigation friend without a court order
This rule does not apply—
in relation to P;
where the court has appointed a person under rule 17.4 or 17.5; or
where the Official Solicitor is to act as a litigation friend.
A deputy with the power to conduct legal proceedings in the name of a 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 the deputy's power relates.
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—
file a certificate of suitability stating that they satisfy the conditions in rule 17.1(1); and
serve the certificate of suitability on—
the person on whom an application form is to be served in accordance with rule 6.4 (service on children and protected parties); and
every other person who is a party to the proceedings.
If the person referred to in paragraph (2) wishes to act as a litigation friend for the protected party, that person must file and serve on the persons mentioned in paragraph (3)(b) a copy of the court order which appointed that person.