PART 21CHILDREN AND PATIENTS
How a person becomes a litigation friend without a court order21.5
1
If the court has not appointed a litigation friend, a person who wishes to act as a litigation friend must follow the procedure set out in this rule.
2
A person authorised under Part VII of the Mental Health Act 1983 must file an official copy(GL) of the order or other document which constitutes his authorisation to act.
3
Any other person must file a certificate of suitability stating that he satisfies the conditions specified in rule 21.4(3).
4
A person who is to act as a litigation friend for a claimant must file—
a
the authorisation; or
b
the certificate of suitability,
at the time when the claim is made.
5
A person who is to act as a litigation friend for a defendant must file—
a
the authorisation; or
b
the certificate of suitability,
at the time when he first takes a step in the proceedings on behalf of the defendant.
6
The litigation friend must—
a
serve the certificate of suitability on every person on whom, in accordance with rule 6.6 (service on parent, guardian etc.), the claim form should be served; and
b
file a certificate of service when he files the certificate of suitability.
(Rule 6.10 sets out the details to be contained in a certificate of service)