PART 17LITIGATION FRIENDS AND RULE 1.2 REPRESENTATIVES

SECTION 1 – LITIGATION FRIENDS

Litigation friend without a court order17

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.