Learn What Is A Litigation Friend?

People injured in accidents which were not their fault may be able to claim compensation from the party responsible for their accident and injuries. However, in some instances, your loved one may be unable to make a claim on their own behalf.

In such cases, you may be able to act as a Litigation Friend. In this guide, we answer the question, “what is a Litigation Friend?”

We will look at what a Litigation Friend is. Additionally, we explore why an injured party would need one and who could act on behalf of someone else in a personal injury compensation claim. Furthermore, we examine their duties and provide further helpful resources.

For more information on how to make a personal injury claim on behalf of a loved one or family member, please contact our team.

  • You can begin a claim online using our contact form.
  • Talk to an advisor using the live chat.
  • Or phone us now on 020 3870 4868.

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What Is A Litigation Friend?

Firstly, we will answer the question, “What is a Litigation Friend?”. As stated above, if someone has been injured in an accident which was not their fault, they may be able to claim compensation. This may involve working with a No Win No Fee solicitor. In a small number of instances, claims may go to court. If the person who was injured is a vulnerable person, such as if they lack the mental capacity to manage the claims process themselves or is a child, someone else can act on their behalf.

The role of a Litigation friend is to represent a child or a ‘protected party’, in their claim or court proceedings. The protected party is an adult who lacks the mental capacity (in line with the Mental Capacity Act 2005) to act on their own behalf.

For more information on when you could claim on behalf of an injured party, please contact our team.

Why Would Someone Need A Litigation Friend?

By law, those under the age of eighteen are unable to represent themselves in a personal injury compensation claim. For example, if your child is hit by a car, you could apply to the court to claim compensation on their behalf. However, the court may, in some circumstances, grant permission for someone under the age of eighteen to act on their own behalf.

A protected party must have a Litigation Friend to conduct proceedings. There are a variety of reasons why adults who lack the mental capacity to act on their own behalf may need someone to act for them in legal proceedings. This may be because the person has learning difficulties, has a pre-existing physical or mental illness that would prevent them from managing their own personal injury claim or because they suffered a severe injury, such as a traumatic brain injury during the incident in which a claim is being made for.

To find out more about who can make a serious brain injury claim on behalf of an injured party, please contact our team.

A child and their bike on the road in front of a car.

Who Is Able To Be A Litigation Friend?

In order to claim on behalf of a child or a protected party, you need to be able to act fairly and competently and in the person’s best interests. Litigation friends may conduct court proceedings on behalf of the injured person. You can request to be appointed in this role, or the court may appoint you.

The court can appoint anyone to act in this role, including:

However, in order to fill the role, you must meet suitability criteria. The court must be satisfied that your interests do not conflict with those of the injured person and that you can make decisions competently and fairly.

There may be circumstances in which a Litigation friend is not appointed by the court, such as when there is not a suitable person. In such circumstances, the court may ask the Official Solicitor to act on behalf of the injured person, if:

  • There is not anyone suitable and willing to act in the claim.
  •  Money available to pay the costs of the Official Solicitor.
  • And in cases where the person lacks the mental capacity, for confirmation of the injured person’s capacity from their doctor or another medical professional.

Our team can advise more about parties who could act for an injured person in a case.

What Are The Responsibilities Of A Litigation Friend?

Now that we have answered the question, “what is a Litigation friend?” and who could act as one, we will look at the responsibilities or duties of a person appointed to act on behalf of another. The role involves the management of the personal injury claim and any court case on behalf of the injured person. They may;

  • Make decisions about personal injury claims,
  • Provide the injured person with updates on the court case. They should ensure that they are in contact with the injured person, informing them of any progress in the case. They should find out the person’s feelings and wishes. These should be noted, allowing the court to take their feelings and wishes into advance.
  • Receive updates and legal documents from the solicitor and provide the solicitor with instructions.
  • Pay costs where ordered to do so by the court.

If at any point the Litigation friend views that the person has regained the capacity to conduct their own claim, they should inform the court.

The role of a Litigation friend will usually end after any court case. This is unless any compensation for personal injury claims awarded goes into a Court Funds Office account (CFO). If money for a child’s accident is paid into a CFO account, you will remain the contact until the child turns eighteen or the court directs that the money is dispensed.

To learn more about compensation claims, such as the limitation period, or how to make No Win No Fee personal injury claims, please contact our team.

Doctors look at a vulnerable persons brain scan.

Read About Personal Injury Claims

Below you can find resources about how to sue for an injury.

References

Thank you for reading our guide answering the question ‘What is a Litigation friend?’. Please contact us if you have any further questions.