Legal News

Re-assessing the court’s power to remove litigation friends (Shirazi v Susa)

Published on: 11 March 2022
Published by: LexisPSL
  • Re-assessing the court’s power to remove litigation friends (Shirazi v Susa)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Legal test
  • Evidence
  • Case details

Article summary

Private Client analysis: In this case, the High Court considered the legal test in an application under CPR 21.7 to remove a litigation friend. The court held that the starting point was the criteria in CPR 21.3(4), and a distinction was drawn between Court of Protection and CPR cases on litigation friends, with the former now relegated to the status of guidance in such applications. While the court continues to retain an unlimited jurisdiction to remove litigation friends even if the criteria in CPR 21.3(4) is satisfied, it was considered that the power would in practice almost never be exercised. In practice, this case has narrowed the scope to bring such applications. Practitioners representing litigation friends should be conscious at all stages in ensuring that the litigation friend satisfies the CPR 21.3(4) criteria, with this case highlighting and demonstrating the weight accorded by the court to the solicitors’ witness statements in such applications. Written by Jian Jun Liew, barrister at New Square Chambers. or take a trial to read the full analysis.

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