LegalizeS.I. No. 451/2026 - Circuit Court Rules (Guardian ad litem and next friend) 2026
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 1st September, 2026.
We, the Circuit Court Rules Committee, by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 , section 70 of the Courts of Justice Act 1936 (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , with the concurrence of the Minister for Justice, Home Affairs and Migration, make the following Rules of Court.
Dated this 11^th day of December 2025.
| Patricia Ryan | ___ | Chairperson |
| John Aylmer | ___ | |
| Sinéad Ní Chúlacháin | ___ | |
| Patricia Hickey | ___ | |
| Rory Hanniffy | ___ | |
| James Finn | ___ |
I concur in the making of the above Rules of Court.
Dated this 20^th day of August, 2026.
Signed:
JIM O’CALLAGHAN,
Minister for Justice, Home Affairs and Migration.
1.
(1) These Rules, which may be cited as the Circuit Court Rules (Guardian ad litem and next friend) 2026, shall come into operation on the 16^th day of September 2026.
- (2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2026.
- (3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2026..
2.
These Rules shall apply in proceedings commenced from the date on which these Rules come into operation.
3.
The Circuit Court Rules are amended:
- (i) by the substitution for rules 5 and 6 of Order 6 of the following rules respectively:
“5. (1) A child may sue by his or her next friend, and in such case there shall be lodged with the Civil Bill a written consent in the Form No. 58A in the Schedule of Forms authorising the commencement and prosecution of the suit on behalf of the child and the use of the name of such person as next friend, signed by such person.
(2) Where a child sues by a next friend, any solicitor applying to issue the Civil Bill shall make an affidavit in the Form No. 58B in the Schedule of Forms, which shall be filed together with the consent of the person proposed to act as next friend, provided that in any case in which a statutory declaration of the solicitor under section 14 (2) of the Mediation Act 2017 is required, this requirement may be satisfied by a single statutory declaration for the purposes of the Mediation Act 2017 and this rule.
(1) A child may defend by his or her guardian ad litem, who may be appointed without an order of the Court or County Registrar.
(2) Where a guardian ad litem proposes to enter an appearance on behalf of a child, the appearance shall be filed in the Office together with the consent of the guardian ad litem in the Form No. 58D in the Schedule of Forms. Where the appearance is entered by a solicitor, the appearance shall be filed in the Office together with an affidavit in the Form No. 58C in the Schedule of Forms, to which is annexed the consent of the guardian ad litem in the Form No. 58D in the Schedule of Forms.”, and
- (ii) by the deletion from rule 1 of Order 19 of paragraph (i) (“(i) for the appointment of a guardian ad litem of a child;”).
4.
The Forms 58A, 58B, 58C and 58D in the Schedule shall be inserted in the appropriate sequence in the Schedule of Forms annexed to the Circuit Court Rules.
Schedule No. 58A
O. 6, r. 5(1)
CONSENT TO ACT AS NEXT FRIEND.
(Title as in Civil Bill or other originating document).
I, ....... of [address], consent to act as next friend of the above-named child plaintiff. My relationship to the child is [state relationship]. I have been advised by my solicitor on the nature of the duties of a next friend, and am capable of fairly and competently conducting proceedings on behalf of the said child. I have no interest in the matters in question in this action adverse to that of the said child.
Signed: .....................
Date: .........................
No. 58B
O. 6, r. 5(2)
AFFIDAVIT OF SUITABILITY OF NEXT FRIEND.
(Title as in Civil Bill or other originating document).
I, ....... of [place of abode or business], solicitor, make oath and say as follows:—
To the best of my knowledge, information and belief, A.B., of ..........., the person proposed as next friend of the above-named child plaintiff, is a fit and proper person to act as next friend, being capable of fairly and competently conducting proceedings on behalf of the said child, and has no interest in the matters in question in this action adverse to that of the said child. The written consent of the said A.B. to act as such next friend is annexed.
Sworn, etc.
This affidavit is filed on behalf of...........
[To this affidavit shall be annexed the written consent signed by the next friend in Form 58A.]
No. 58C
O. 6, r. 6(2)
AFFIDAVIT OF SUITABILITY OF GUARDIAN AD LITEM.
(Title as in Civil Bill or other originating document).
I, ....... of [place of abode or business], solicitor, make oath and say as follows:—
To the best of my knowledge, information and belief, C.D., of ..........., the person proposed as guardian ad litem of the above-named child defendant, is a fit and proper person to act as guardian ad litem, being capable of fairly and competently conducting proceedings on behalf of the said child, and has no interest in the matters in question in this action adverse to that of the said child. The written consent of the said C.D. to act as such guardian ad litem is annexed.
Sworn, etc.
This affidavit is filed on behalf of ............
[To this affidavit shall be annexed the written consent signed by such guardian ad litem in Form 58D.]
No. 58D
O. 6, r. 6(2)
CONSENT TO ACT AS GUARDIAN AD LITEM.
(Title as in Civil Bill or other originating document).
I, ....... of [address], consent to act as guardian ad litem of the above-named child defendant. My relationship to the child is [state relationship]. I have been advised by my solicitor on the nature of the duties of a guardian ad litem, and am capable of fairly and competently conducting proceedings on behalf of the said child. I have no interest in the matters in question in this action adverse to that of the said child.
Signed: .....................
Date: .........................
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These rules substitute rules 5 and 6 of Order 6 to allow a child plaintiff or defendant to litigate by their next friend or guardian on the swearing of an affidavit of suitability by a solicitor and the signing of a consent by the proposed next friend or guardian, thus removing the need for an order appointing a guardian ad litem for a child defendant. Accordingly, the power of a County Registrar to make an order under Order 19, rule 1(i) is removed.
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