The Civil Procedure Rules 1998

How a person becomes a litigation friend by court order

21.6—(1) The court may make an order appointing a litigation friend.

(2) An application for an order appointing a litigation friend may be made by—

(a) a person who wishes to be the litigation friend; or

(b) a party.

(3) Where—

(a) a person makes a claim against a child or patient;

(b) the child or patient has no litigation friend;

(c) the court has not made an order under rule 21.2(3) (order that a child can act without a litigation friend); and

(d) either—

(i) someone who is not entitled to be a litigation friend files a defence; or

(ii) the claimant wishes to take some step in the proceedings,

• the claimant must apply to the court for an order appointing a litigation friend for the child or patient.

(4) An application for an order appointing a litigation friend must be supported by evidence.

(5) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 21.4(3).