PART 17LITIGATION FRIENDS AND RULE 1.2 REPRESENTATIVES

SECTION 1 – LITIGATION FRIENDS

Court's power to prevent a person from acting as a litigation friend or to bring an end to an appointment of a person as a litigation friend or to appoint another one17

1

The court may either on its own initiative or on the application of any person—

a

direct that a person may not act as a litigation friend;

b

bring to an end a litigation friend's appointment; or

c

appoint a new litigation friend in place of an existing one.

2

If an application for an order under paragraph (1) is based on the conduct of the litigation friend, it must be supported by evidence.

3

The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed satisfies the conditions in rule 17.1(1).

4

The appointment of a litigation friend continues until brought to an end by court order.

(Rule 13.1 (procedure for disputing the court's jurisdiction) applies if P has capacity in relation to the matter or matters to which the application relates.)