15 December 2011
AB (by his litigation friend NW) v A local authority and another [2011] EWHC 3151 (COP), [2011] All ER (D) 37 (Dec)
There was no impediment to a relevant person’s representative (RPR) acting as a litigation friend to a patient in an application under s 21A of the Mental Capacity Act 2005 provided that: the RPR was not already a party to the proceedings; the RPR fulfilled the conditions set out in r 140 of the Court of Protection Rules; the RPR could and was willing to act as litigation friend in the patient’s best interests; and the procedure as set out in r 143 of the Rules was complied with.
