The Civil Procedure Rules 1998

Changes over time for: Section 21.5

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[F1How a person becomes a litigation friend without a court orderE+W

21.5.—(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 deputy appointed by the Court of Protection under the 2005 Act with power to conduct proceedings on the protected party’s behalf must file an official copy^(GL)of the order of the Court of Protection which confers [F2their] power to act either—

(a)where the [F3protected party is to be] a claimant, [F4when] the claim is made; or

(b)where the [F5protected party is to be] a defendant, at the time when [F6the deputy] first takes a step in the proceedings [F7on the defendant’s behalf].

(3) Any other person must file a certificate of suitability stating that [F8they satisfy] the conditions specified in rule 21.4(3) either—

(a)where the person is to act as a litigation friend for a claimant, at the time when the claim is made; or

(b)where the person is to act as a litigation friend for a defendant, at the time when [F9they first take] a step in the proceedings [F10on the defendant’s behalf].

[F11(4) The certificate of suitability must be verified by a statement of truth and must state in accordance with the prescribed form that the person—

(a)agrees to act;

(b)knows or believes the person concerned is a child or lacks capacity to conduct the proceedings (stating in the latter case the grounds for that knowledge or belief); and

(c)meets the requirements of rule 21.4(3).]

[F12(5)] The litigation friend must—

(a)serve the certificate of suitability on every person on whom, in accordance with rule [F136.13] (service on a parent, guardian etc.), the claim form should be served; and

(b)file a certificate of service when [F14filing] the certificate of suitability.

[F15(6) Where the grounds for believing that a protected party lacks capacity to conduct the litigation are based on expert opinion, a copy of such opinion must be served, either with the certificate of suitability or separately.]

( [F16Rules 6.17 and 6.29 set] out the details to be contained in a certificate of service.)]

Textual Amendments

F1Pt. 21 substituted (1.10.2007) by The Civil Procedure (Amendment) Rules 2007 (S.I. 2007/2204), rule 1, Sch. 2

F2Word in rule 21.5(2) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(i)

F3Words in rule 21.5(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(ii)(aa)

F4Word in rule 21.5(2)(a) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(ii)(bb)

F5Words in rule 21.5(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(iii)(aa)

F6Words in rule 21.5(2)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(a)(iii)(bb)

F7Words in rule 21.5(2)(b) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 12

F8Words in rule 21.5(3) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(i)

F9Words in rule 21.5(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(ii)(aa)

F10Words in rule 21.5(3)(b) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 14(6)(b)(ii)(bb)