Office of Public Sector Information
132. A party discloses a document by stating that the document exists or has existed.
133.—(1) The court may either on its own initiative or on the application of a party make an order to give general or specific disclosure.
(2) General disclosure requires a party to disclose—
(a) the documents on which he relies; and
(b) the documents which—
(i) adversely affect his own case;
(ii) adversely affect another party’s case; or
(iii) support another party’s case.
(3) An order for specific disclosure is an order that a party must do one or more of the following things—
(a) disclose documents or classes of documents specified in the order;
(b) carry out a search to the extent stated in the order; or
(c) disclose any document located as a result of that search.
(4) A party’s duty to disclose documents is limited to documents which are or have been in his control.
(5) For the purpose of paragraph (4) a party has or has had a document in his control if—
(a) it is or was in his physical possession;
(b) he has or has had possession of it; or
(c) he has or has had a right to inspect or take copies of it.
134.—(1) This rule applies where the court makes an order under rule 133 to give general or specific disclosure.
(2) Each party must make, and serve on every other party, a list of documents to be disclosed.
(3) A copy of each list must be filed within 7 days of the date on which it is served.
(4) The list must identify the documents in a convenient order and manner and as concisely as possible.
(5) The list must indicate—
(a) the documents in respect of which the party claims a right or duty to withhold inspection (see rule 138); and
(b) the documents that are no longer in his control, stating what has happened to them.
135.—(1) Where the court makes an order to give general or specific disclosure under rule 133, any party to whom the order applies is under a continuing duty to provide such disclosure as is required by the order until the proceedings are concluded.
(2) If a document to which the duty of disclosure imposed by paragraph (1) extends comes to a party’s notice at any time during the proceedings, he must immediately notify every other party.
136.—(1) A party to whom a document has been disclosed has a right to inspect any document disclosed to him except where—
(a) the document is no longer in the control of the party who disclosed it; or
(b) the party disclosing the document has a right or duty to withhold inspection of it.
(2) The right to inspect disclosed documents extends to any document mentioned in—
(a) a document filed or served in the course of the proceedings by any other party; or
(b) correspondence sent by any other party.
137.—(1) Where a party has a right to inspect a document, he—
(a) must give the party who disclosed the document written notice of his wish to inspect it; and
(b) may request a copy of the document.
(2) Not more than 14 days after the date on which the party who disclosed the document received the notice under paragraph (1)(a), he must permit inspection of the document at a convenient place and time.
(3) Where a party has requested a copy of the document, the party who disclosed the document must supply him with a copy not more than 14 days after the date on which he received the request.
(4) For the purposes of paragraph (2), the party who disclosed the document must give reasonable notice of the time and place for inspection.
(5) For the purposes of paragraph (3), the party requesting a copy of the document is responsible for the payment of reasonable copying costs, subject to any final costs order that may be made.
138.—(1) A party who wishes to claim that he has a right or duty to withhold inspection of a document, or part of a document, must state in writing—
(a) that he has such a right or duty; and
(b) the grounds on which he claims that right or duty.
(2) The statement must be made in the list in which the document is disclosed (see rule 134(2)).
(3) A party may, by filing an application notice in accordance with Part 10, apply to the court to decide whether the claim made under paragraph (1) should be upheld.
139. A party may not rely upon any document which he fails to disclose or in respect of which he fails to permit inspection unless the court permits.
140.—(1) A person may act as a litigation friend on behalf of a person mentioned in paragraph (2) if he—
(a) can fairly and competently conduct proceedings on behalf of that person; and
(b) has no interests adverse to those of that person.
(2) The persons for whom a litigation friend may act are—
(a) P;
(b) a child; or
(c) a protected party.
141.—(1) Subject to rule 147, P (if a party to proceedings) must have a litigation friend.
(2) A protected party (if a party to the proceedings) must have a litigation friend.
(3) A child (if a party to proceedings) must have a litigation friend to conduct those proceedings on his behalf unless the court makes an order under paragraph (4).
(4) The court may make an order permitting the child to conduct proceedings without a litigation friend.
(5) An application for an order under paragraph (4)—
(a) may be made by the child;
(b) if the child already has a litigation friend, must be made on notice to the litigation friend; and
(c) if the child has no litigation friend, may be made without notice.
(6) Where—
(a) the court has made an order under paragraph (4); and
(b) it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,
the court may appoint a person to be the child’s litigation friend.
142.—(1) This rule does not apply—
(a) in relation to P;
(b) where the court has appointed a person under rule 143 or 144; or
(c) where the Official Solicitor is to act as litigation friend.
(2) A deputy with the power to conduct legal proceedings in the name of the protected party or on the protected party’s behalf is entitled to be a litigation friend of the protected party in any proceedings to which his power relates.
(3) If no one has been appointed by the court, or in the case of a protected party, there is no deputy with the power to conduct proceedings, a person who wishes to act as a litigation friend must—
(a) file a certificate of suitability stating that he satisfies the conditions specified in rule 140(1); and
(b) serve the certificate of suitability on—
(i) the person on whom an application form is to be served in accordance with rule 32 (service on children and protected parties); and
(ii) every other person who is a party to the proceedings.
(4) If the person referred to in paragraph (2) wishes to act as a litigation friend for the protected party, he must file and serve a copy of the court order which appointed him on those persons mentioned in paragraph (3)(b).
143.—(1) The court may make an order appointing—
(a) the Official Solicitor; or
(b) some other person,
to act as a litigation friend.
(2) The court may act under paragraph (1)—
(a) either on its own initiative or on the application of any person; but
(b) only with the consent of the person to be appointed.
(3) An application for an order under paragraph (1) must be supported by evidence.
(4) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed satisfies the conditions specified in rule 140(1).
(5) The court may at any stage of the proceedings give directions as to the appointment of a litigation friend.
144.—(1) The court may either on its own initiative or on the application of any person—
(a) direct that a person may not act as a litigation friend;
(b) terminate a litigation friend’s appointment; or
(c) appoint a new litigation friend in place of an existing one.
(2) An application for an order under paragraph (1) must be supported by evidence.
(3) The court may not appoint a litigation friend under this rule unless it is satisfied that the person to be appointed satisfies the conditions specified in rule 140(1).
145. The applicant must serve a copy of an application for an order under rule 143 or 144 on—
(a) the person on whom an application form is to be served in accordance with rule 32 (service on children and protected parties);
(b) every other person who is a party to the proceedings;
(c) any person who is the litigation friend, or who is purporting to act as the litigation friend, when the application is made; and
(d) unless he is the applicant, the person who it is proposed should be the litigation friend,
as soon as practicable and in any event within 21 days of the date on which it was issued.
146.—(1) This rule applies—
(a) when a child reaches 18, provided he is neither—
(i) P; nor
(ii) a protected party; and
(b) where a protected party ceases to be a person who lacks capacity to conduct the proceedings himself.
(2) Where paragraph (1)(a) applies, the litigation friend’s appointment ends.
(3) Where paragraph (1)(b) applies, the litigation friend’s appointment continues until it is brought to an end by a court order
(4) An application for an order under paragraph (3) may be made by—
(a) the former protected party;
(b) his litigation friend; or
(c) any other person who is a party to the proceedings.
(5) The applicant must serve a copy of the application notice seeking an order under this rule on all parties to the proceedings as soon as practicable and in any event within 21 days of the date on which it was issued.
(6) Where paragraph (2) applies the child must serve notice on every other party—
(a) stating that he has reached full age;
(b) stating that the appointment of the litigation friend has ended; and
(c) providing his address for service.
(7) Where paragraph (3) applies, the former protected party must provide his address for service to all other parties to the proceedings.
147.—(1) This rule applies where P ceases to be a person who lacks capacity to conduct the proceedings himself but continues to lack capacity in relation to the matter or matters to which the application relates.
(2) The litigation friend’s appointment continues until it is brought to an end by a court order.
(3) An application for an order under paragraph (2) may be made by—
(a) P;
(b) his litigation friend; or
(c) any other person who is a party to the proceedings.
(4) The applicant must serve a copy of the application notice seeking an order under this rule on all other parties to the proceedings as soon as practicable and in any event within 21 days of the date on which it was issued.
(5) Where the court makes an order under this rule, P must provide his address for service to all other parties to the proceedings.
148.—(1) This rule applies where P ceases to lack capacity both to conduct the proceedings himself and in relation to the matter or matters to which the application relates.
(2) The litigation friend’s appointment continues until it is brought to an end by a court order.
(3) An application may be made by—
(a) P;
(b) his litigation friend; or
(c) any other person who is a party to the proceedings,
for the proceedings to come to an end.
(4) The applicant must serve a copy of the application notice seeking an order under this rule on all parties to the proceedings as soon as practicable and in any event within 21 days of the date on which it was issued.
149. A practice direction may make additional or different provision in relation to litigation friends.
The Court of Protection Rules 2007