Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Protected party definition

What does Protected party mean? A protected party is a litigant who lacks the mental capacity to conduct court proceedings and therefore acts through a representative (a litigation friend or guardian ad litem), with additional procedural safeguards. In England and Wales, the term is defined in CPR 21.1(2)(d) by reference to the Mental Capacity Act 2005: a party or intended party who lacks capacity to conduct the proceedings. A protected party must have a litigation friend; steps such as service, settlement, discontinuance and payment out are governed by Part 21 and often require court approval. In Scotland, the label is not used; the equivalent concept is an...

Removing, replacing and ending Court of Protection deputyships in England and Wales: law, procedure, forms, case law and post-death costs

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Practice notes

A Protected party (P) falls within the jurisdiction of the Court of Protection (the court) only where Incapacity is evidenced. The court may then transfer its powers by naming a deputy to act for P, pursuant to an order. That Authority exists strictly in line with the order’s terms and duration, and endures only so long as those terms allow. Should P cease to fall within the court’s remit, the deputy’s mandate will not continue; likewise, where the deputy cannot act, or it would be inappropriate for them to do so, a change is required. In such cases, having considered the evidence lodged with an application, the court may order the discharge of a deputy and, where apt, appoint a successor.

Replacing a deputy

There are occasions when a deputy no longer wishes to continue, or is unable to serve. This might be because deputy cannot carry out their obligations and seeks to be replaced, or because a professional deputy plans to retire from practice. A successor may, where appropriate, be appointed by the court...

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Web page updated on 21/05/2026

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