Section 21.1

This Part— contains special provisions which apply in proceedings involving children and protected parties; sets out how a person becomes a litigation friend; and does not apply to— where one of the parties to the proceedings is a child. proceedings under Part 75; enforcement of specified debts by taking control of goods; or applications in relation to enforcement of specified debts by taking control of goods, In this Part— ‘the 2005 Act’ means the Mental Capacity Act 2005; ‘child’ means a person under 18; ‘lacks capacity’ means lacks capacity within the meaning of the 2005 Act; ‘protected party’ means a party, or an intended party, who lacks capacity to conduct the proceedings; ‘protected beneficiary’ means a protected party who lacks capacity to manage and control any money recovered by them or on their behalf or for their benefit in the proceedings; “specified debts” has the same meaning as in rule 75.1(2)(e); and “taking control of goods” means using the procedure to take control of goods contained in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. (Rules 6.13 and 6.25 contain provisions about the service of documents on children and protected parties.) (Rule 46.4 deals with costs where money is payable by or to a child or protected party.)

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Source: legislation.gov.uk · retrieved 2026-08-15