What Is A Litigation Friend?

A litigation friend is an adult who is able to claim compensation on behalf of a protected party who cannot do so themselves. Whether a person was injured in an accident or suffered medical negligence, their ability to start a claim will depend on their age or their mental capacity. Therefore, a litigation friend can be appointed to make legal decisions on behalf of a loved one, allowing them to receive compensation sooner. As such, protected parties could include the following:

• • A person under the age of 18, or;
  • A person lacking in mental capacity, assessed in line with the Mental Capacity Act 2005.

A litigation friend’s role is wide-ranging, and often involves prioritising a claimant’s best interests throughout the legal process. If you’re connected with one of the expert No Win No Fee solicitors from our panel, they could assist you throughout the case, allowing you to claim on behalf of a loved one.

To discuss starting a claim as a litigation friend, please feel free to get in touch with our team today. You can also read our legal glossary to learn more about different terms that may be used throughout the claiming process.

Frequently Asked Questions

1. Who Can Act As A Litigation Friend?
2. What Will A Litigation Friend Be Responsible For?
3. What Is The Process For Becoming A Litigation Friend?
4. Will The Use Of A Litigation Friend Impact The Outcome Of The Claim?
5. When Will A Litigation Friend’s Responsibility Come To An End?
6. Get Help From Compensation Calculator UK
7. Learn More

Who Can Act As A Litigation Friend?

Any adult can act as a litigation friend, provided they can fulfil their role in a fair and competent manner. Namely, parties who could act as a litigation friend may include:

• A parent, guardian or a close family member
• A personal injury solicitor
• A person with enduring or lasting power of attorney
• A Court of Protection Deputy
• Professional advocates, such as Independent Mental Capacity Advocates

To act as a litigation friend, you must meet certain suitability criteria; your interests must not conflict with the claimant’s, and you must make fair and competent decisions.

If there is no suitable adult to assume the role of a litigation friend, the court can appoint an Official Solicitor to act on the claimant’s behalf. To do this, there will need to be available funds to pay for the solicitor’s costs. In cases where the claimant lacks mental capacity, there will need to be confirmation from a medical professional that the injured person lacks the capacity to handle their own case.

Common accidents and injuries that you could claim for on behalf of a loved one may include:

• Road traffic accidents often causing whiplash injuries, broken bones and back injuries
• Accidents in public, such as slips, trips and falls in cafes, bars and supermarkets
• Medical negligence claims, such as misdiagnoses or surgical errors
• Accidents at work, such as manual handling or defective machinery claims.

To learn more about your eligibility to claim as a litigation friend, please contact one of our friendly advisors today.

What Will A Litigation Friend Be Responsible For?

A litigation friend will be responsible for managing a claim on a person’s behalf. This typically involves the following duties:

• Making key decisions throughout the claim
• Giving instructions to a solicitor who represents the claimant’s wishes
• Providing the claimant with updates about the ongoings of the case, informing them of any progress
• Receiving legal documents and updates from the solicitor working on the case
• Pay costs if ordered to do so by the court

To learn more about the responsibilities of a litigation friend, please get in touch with our team today.

What Is The Process For Becoming A Litigation Friend?

The process for becoming a litigation friend typically involves filing a certificate of suitability, which should explain your appropriateness for the role. In addition to this, you should also:

• Send a copy of the certificate of suitability to the child’s parent, guardian or carer. This can also be sent to the legal deputy, attorney or carer of the adult protected party that you’re intending to act for.
• File a certificate of service, confirming that you’ve sent the certificate of suitability to the relevant person.
• File both documents to the court

However, if you’re already the legal deputy of the person you’re intending to act for, the processs for becoming a litigation friend is different to the above steps. Instead, you will be required to file a copy of the court order appointing you as deputy. From here, the courts can grant you permission to act as a litigation friend.

To discuss the process of becoming a litigation friend in greater detail, please contact one of our advisors.

Will The Use Of A Litigation Friend Impact The Outcome Of The Claim?

The use of a litigation friend will not negatively impact the outcome of a claim, as the legal process and the merits of a case will remain the same regardless. However, the use of a litigation friend may positively impact a claim, ensuring that a claimant’s interests are safeguarded and protected throughout. Moreover, the appointment of a litigation friend also helps to promote procedural fairness, as courts will need to approve any settlement that is reached. In doing this, a fair process is ensured each time, as the courts can ensure that a payout is made in the best interests of the vulnerable person.

To discover more about the potential impacts of appointing a litigation friend, please get in touch with our team today.

When Will A Litigation Friend’s Responsibility Come To An End?

A litigation friend’s responsibility will typically come to an end following the resolution of a court case. Moreover, a litigation friend’s appointment ceases in the following scenarios:

• If a child you’re acting on behalf of reaches 18 years old
• If an adult makes a full recovery, who previously lacked the mental capacity to claim on their own
• You could step down from the litigation friend position voluntarily if another person applies to take over your role
• The courts could remove you as a litigation friend if you were acting dishonestly

Moreover, your role as a litigation friend could extend beyond the claims procedure if you’re acting on behalf of a child. For instance, most settlements are placed into a Court Funds Office (CFO) account for children. You may therefore need to remain a point of contact for this account until the child turns 18 years old.

To learn more about dealing with court funds, please feel free to contact our team today.

Get Help From Compensation Calculator UK

Our team of helpful advisors are dedicated to providing a fully personalised service from start to finish. Moreover, they could connect you with one of the expert No Win No Fee solicitors from our panel to help you make a claim as a litigation friend. Operating under a Conditional Fee Agreement (CFA), you could experience the following benefits:

• No solicitor service fees at the start of your claim, throughout the case or if the outcome is unsuccessful
• If your case is a success, you’ll be required to pay a success fee to your solicitor. This legally capped percentage will be taken from your compensation; you’ll therefore always receive the majority of your payout.

If you’re put in contact with one of the solicitors from our panel, you could enjoy the following on a No Win No Fee basis:

• Regular case updates so you always know where it stands and how it’s progressing
• Explanations of legal jargon and terminology to give you a clear understanding of the process
• Help with gathering evidence so it’s not completely left to you. This can include obtaining copies of medical records, witness statements and expert reports to support the claimant’s case.
• Assistance with applying to be a litigation friend, including filing a certificate of service and a certificate of suitability
• Help with signing other relevant legal documents to ensure a non-complicated process
• Connecting the vulnerable person with the relevant physiotherapists or counsellors to support any ongoing injuries
• Negotiating with the third party to secure a settlement that best reflects the pain and suffering of the vulnerable party
• Expert advice that strictly adheres to the rules of confidentiality

To learn more about the benefits of claiming with a solicitor from our panel as a litigation friend, please get in touch with our friendly team today.

Contact Our Advisors

To learn more about the benefits of claiming with a solicitor from our panel as a litigation friend, please get in touch with our friendly team today:

• Call us on 0800 408 7826
• Contact us by filling out our online form
• Use our free live chat feature

Learn More

Please see some of our other legal glossary pages to learn more:

• Learn about the evidence and proof you may need to make a claim
• Get help with the personal injury limitation period
• See the following advice on the medical negligence time limit

Additional external resources:

• Learn how to apply to be a litigation friend from Gov.UK
• Get help with what to do if your child has an accident from the NHS
• Guidance on managing sick leave and return to work from HSE

Thank you for reading our useful legal glossary page, which explores the definition of a litigation friend.