PART 17LITIGATION FRIENDS AND RULE 1.2 REPRESENTATIVES

SECTION 1 – LITIGATION FRIENDS

Requirement for a litigation friend17

1

This rule does not apply to P (whether P is an adult or a child).

2

A protected party (if a party to the proceedings) must have a litigation friend.

3

A child (if a party to the proceedings) must have a litigation friend to conduct those proceedings on that child's behalf unless the court makes an order under paragraph (4).

4

The court may make an order permitting a child to conduct proceedings without a litigation friend.

5

An application for an order under paragraph (4)—

a

may be made by the child;

b

if the child already has a litigation friend, must be made on notice to the litigation friend; and

c

if the child has no litigation friend, may be made without notice.

6

Where—

a

the court has made an order under paragraph (4); and

b

it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,

the court may appoint a person to be the child's litigation friend.