Appointing a litigation friend in family proceedings
Published by a LexisNexis Family expert
Practice notesAppointing a litigation friend in family proceedings
Published by a LexisNexis Family expert
Practice notesThis Practice Note deals with the Requirements under the Mental Capacity Act 2005 (MCA 2005), and the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15, together with the supporting Practice Direction FPR 2010, PD 15A, as to the appointment of a Litigation friend in relation to a protected party in family proceedings. It also details who may be a litigation friend and their duties, the procedure for appointing a litigation friend and when the appointment of a litigation friend may be ended. For practical guidance on issues of capacity and how it may be assessed, see Practice Note: Capacity to litigate—family proceedings. In relation to the appointment of the Official Solicitor as a litigation friend, see Practice Note: The Official Solicitor—family proceedings.
Who may be a litigation friend?
Unless the court has already appointed a person to be a litigation friend, a person with authority as a deputy to conduct proceedings in the name of a protected party, or on that party’s behalf, is entitled to be the litigation friend of the
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