In proceedings where one of the parties is a protected party, the protected party should be referred to in the title to the proceedings as 'A.B. (a protected party by C.D. his litigation friend)'.

In proceedings where one of the parties is a child, where ---

A settlement of a claim by a child includes an agreement on a sum to be apportioned to a dependent child under the Fatal Accidents Act 1976¹.

A person may become a litigation friend ---

A person who wishes to become a litigation friend without a court order pursuant to rule 21.5(3) must file a certificate of suitability in Practice Form N235 ---

The certificate of suitability must be verified by a statement of truth.

(Part 22 contains provisions about statements of truth.)

The litigation friend is not required to serve the document referred to in paragraph 2.2(c) when he serves a certificate of suitability on the person to be served under rule 21.5(4)(a).

Rule 21.6 sets out who may apply for an order appointing a litigation friend.

An application must be made in accordance with Part 23 and must be supported by evidence.

The evidence in support must satisfy the court that the proposed litigation friend ---

Where it is sought to appoint the Official Solicitor as the litigation friend, provision must be made for payment of his charges.

Rule 21.9 deals with the situation where the need for a litigation friend comes to an end during the proceedings because either ---

A child on reaching full age must serve on the other parties to the proceedings and file with the court a notice ---

If the notice states that the child intends to carry on with or continue to defend the proceedings he must subsequently be described in the proceedings as 'A.B. (formerly a child but now of full age)'.

Whether or not a child having reached full age serves a notice in accordance with rule 21.9(4) and paragraph 4.2 above, a litigation friend may, at any time after the child has reached full age, serve a notice on the other parties that his appointment has ceased.

Where a protected party regains or acquires capacity to conduct the proceedings, an application under rule 21.9(3) must be made for an order under rule 21.9(2) that the litigation friend's appointment has ceased.

The application must be supported by the following evidence ---

An order under rule 21.9(2) must be served on the other parties to the proceedings. The former protected party must file with the court a notice ---

Where a claim by or on behalf of a child or protected party has been dealt with by agreement before the issue of proceedings and only the approval of the court to the agreement is sought, the claim must, in addition to containing the details of the claim and satisfying the requirements of rule 21.10(2), include the following ---

Where in any personal injury case a claim for damages for future pecuniary loss is settled, the provisions in paragraphs 5.4 and 5.5 must in addition be complied with.

The court must be satisfied that the parties have considered whether the damages should wholly or partly take the form of periodical payments.

Where the settlement includes provision for periodical payments, the claim must ---

which must satisfy the requirements of rules 41.8 and 41.9 as appropriate.

Applications for the approval of a settlement or compromise will normally be heard by ---

(For information about provisional damages claims see Part 41 and the practice direction which supplements it.)

Where in any personal injury case a claim for damages for future pecuniary loss, by or on behalf of a child or protected party, is dealt with by agreement after proceedings have been issued, an application must be made for the court's approval of the agreement.

The court must be satisfied that the parties have considered whether the damages should wholly or partly take the form of periodical payments.

Where the settlement includes provision for periodical payments, an application under paragraph 6.1 must ---

which must satisfy the requirements of rules 41.8 and 41.9 as appropriate.

The court must be supplied with ---

Applications for the approval of a settlement or compromise, except at the trial, will normally be heard by ---

A judgment on or settlement in respect of a claim under the Fatal Accidents Act 1976^Acts must be apportioned between the persons by or on whose behalf the claim has been brought.

Where a claim is brought on behalf of a dependent child or children, any settlement (including an agreement on a sum to be apportioned to a dependent child under the Fatal Accidents Act 1976^Acts) must be approved by the court.

The money apportioned to any dependent child must be invested on the child's behalf in accordance with rules 21.10 and 21.11 and paragraphs 8 and 9 below.

In order to approve an apportionment of money to a dependent child, the court will require the following information:

When giving directions under rule 21.11, the court ---

The court will consider the general aims to be achieved for the money in court (the fund) by investment and will give directions as to the type of investment.

Where a child also lacks capacity to manage and control any money recovered by him or on his behalf in the proceedings, and is likely to remain so on reaching full age, his fund should be administered as a protected beneficiary's fund.

Where a child or protected beneficiary is in receipt of publicly funded legal services the fund will be subject to a first charge under section 10 of the Access to Justice Act 1999² (statutory charge) and an order for the investment of money on the child's or protected beneficiary's behalf must contain a direction to that effect.

At the hearing of an application for the approval of a settlement or compromise the litigation friend or his legal representative must provide, in addition to the information required by paragraphs 5 and 6 ---

Following the hearing in paragraph 9.1, the court will forward to the Court Funds Office a request for investment decision (form 212) and the Public Trustee's investment managers will make the appropriate investment.

Where an award for damages for a child is made at trial, unless paragraph 9.7 applies, the trial judge will ---

The application under paragraph 9.3(2) must be made by filing with the court ---

The application must be sent in proceedings in the Royal Courts of Justice to the Masters' Support Unit (Room E16) at the Royal Courts of Justice.

If the application required by paragraph 9.3(2) is not made to the court, the money paid into court in accordance with paragraph 9.3(1) will remain in the special investment account subject to any further order of the court or paragraph 9.8.

If the money to be invested is very small the court may order it to be paid direct to the litigation friend to be put into a building society account (or similar) for the child's use.

If the money is invested in court, it must be paid out to the child on application when he reaches full age.

The Court of Protection has jurisdiction to make decisions in the best interests of a protected beneficiary. Fees may be charged for the administration of funds and these must be provided for in any settlement.

Where the sum to be administered for the benefit of the protected beneficiary is ---

A form of order transferring the fund to the Court of Protection is set out in practice form N292.

In order for the Court Funds Office to release a fund which is subject to the statutory charge, the litigation friend or his legal representative or the person with authority referred to in paragraph 10.2(1) must provide the appropriate regional office of the Legal Services Commission with an undertaking in respect of a sum to cover their costs, following which the regional office will advise the Court Funds Office in writing of that sum, enabling them to transfer the balance to the Court of Protection on receipt of a CFO form 200 payment schedule authorised by the court.

The CFO form 200 should be completed and presented to the court where the settlement or trial took place for authorisation, subject to paragraphs 10.6 and 10.7.

Where the settlement took place in the Royal Courts of Justice the CFO form 200 must be completed and presented for authorisation ---

Where the trial took place in the Royal Courts of Justice, the CFO form 200 is completed and authorised by the court officer.

A litigation friend may make a claim for expenses under rule 21.12(1)- ---

In all circumstances, the litigation friend must support a claim for expenses by filing a witness statement setting out ---

Paragraph 8 of the practice direction^pdp-40supplementing Part 40 (Judgments and Orders) deals with the approval of the accounts of a guardian of assets of a child.

Applications to a Master or district judge

may be dealt with without a hearing unless the court directs otherwise.

When the child reaches full age ---

Where the fund is administered by the Court of Protection, any payment out of money from that fund must be in accordance with any decision or order of the Court of Protection.

If an application is required for the payment out of money from a fund administered by the Court of Protection, that application must be made to the Court of Protection.

(For further information on payments out of court, see the practice direction^pdp-37supplementing Part 37.)

1976 c.30.

1999 c.22.