The Court of Protection Rules 2017

Litigation friend without a court order

17.3.—(1) This rule does not apply—

(a) in relation to P;

(b) where the court has appointed a person under rule 17.4 or 17.5; or

(c) where the Official Solicitor is to act as a litigation friend.

(2) 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.

(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 they satisfy the conditions in rule 17.1(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 6.4 (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, that person must file and serve on the persons mentioned in paragraph (3)(b) a copy of the court order which appointed that person.