Section 21.9

When a child who is not a protected party reaches the age of 18, the litigation friend’s appointment ceases. Where a protected party regains or acquires capacity to conduct the proceedings, the litigation friend’s appointment continues until it is ended by court order. An application for an order under paragraph (2) may be made by— the ... protected party; the litigation friend; or a party. The party whose litigation friend’s appointment has ceased must serve notice on the other parties— stating that the appointment of his litigation friend to act has ceased; giving the party’s address for service; and stating whether or not they intend to carry on the proceedings. Where that party was a child, the notice must state that they have reached the age of 18 and be signed by that party personally. If that party does not serve the notice required by paragraph (4) within 28 days after the day on which the appointment ... ceases the court may, on application, stay or strike out(GL) any claim brought by or defence raised by that party. The liability of a litigation friend for costs continues until the party concerned serves the notice required under paragraph (4) or the former litigation friend serves notice on the parties that their appointment has ceased.

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