[F1PART 21E+WCHILDREN AND PROTECTED PARTIES

Textual Amendments

Modifications etc. (not altering text)

How a person becomes a litigation friend by court orderE+W

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 [F2under Part 23] 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 protected party;

(b)the child or protected party has no litigation friend;

(c)the court has not made an order under rule 21.2(3) (order that a child can conduct proceedings 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 protected party.

(4) An application for an order appointing a litigation friend must be supported by evidence [F3of all the matters set out in rule 21.4(3)].

(5) The court may not appoint a litigation friend under this rule unless it is satisfied [F4of those matters].

[F5(6) Where the proposed litigation friend is the Official Solicitor, the court’s order must make provision for payment of any charges, expenses or disbursements.]]

Textual Amendments