1964_MATRIMONIAL_CAUSES_RULES — Page 50

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[Subsidiary]

Service on person under disability. L.N. 135/72.

(Cap. 136.)

CAP. 179]

Matrimonial Causes Rules

[1987 Ed.

affidavit in answer filed, on his behalf, the party at whose instance the document was served shall, before taking any further step in the proceedings, apply to a court for directions as to whether a guardian ad litem should be appointed to act for that person in the cause, and on any such application the court may, if it considers it necessary in order to protect the interests of the person served, order that some proper person be appointed his guardian ad litem.

(6) No notice of intention to defend shall be given, or answer or affidavit in answer filed, by or on behalf of a person under disability unless the person giving the notice or filing the answer or affidavit-

(a) is the Crown Solicitor or, in a case to which paragraph (4) applies, is the Crown Solicitor or has been appointed by the court to be guardian ad litem; or

are

(b) in any other case, has filed the documents mentioned in

paragraph (7).

(7) The documents referred to in paragraphs (3), (4) and (6)

(a) a written consent to act by the proposed next friend or

guardian ad litem; and

(b) a certificate by the solicitor acting for the person under

disability-

(i) that he knows or believes that the person to whom the certificate relates is a minor or a mentally disordered person stating (in the case of a mentally disordered person) the grounds of his knowledge or belief; and

(ii) that the person named in the certificate as next friend or guardian ad litem has no interest in the cause or matter in question adverse to that of the person under disability and that he is a proper person to be next friend or guardian.

106. (1) Where a document to which rule 6(3)(b) or 14 applies is required to be served on a person under disability within the meaning of the last foregoing rule, it shall be served-

(a) in the case of a minor who is not also a mentally disordered person, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;

(b) in the case of a mentally disordered person—

(i) on the Committee (if any) appointed under sec- tion 11 of the Mental Health Ordinance, or

(ii) if there is no Committee so authorized, on the Crown Solicitor if he has consented under rule 105(4) to be the guardian ad litem of the patient, or

(iii) in any other case, on the person with whom the mentally disordered person resides or in whose care he is:

Provided that the court may order that a document which has been, or is to be, served on the person under disability or on a per-

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