Category Archives: Uncategorized

Learn What Is A Litigation Friend And About Claiming On Behalf Of Another Party

If someone suffers harm due to negligent medical care, they may make a medical negligence claim. However, not all those harmed may be able to claim on their own behalf. Where a claimant is considered a protected party and can not manage their own legal affairs, either due to being a minor (under 18) or due to lacking the necessary mental capacity, a litigation friend may help them to claim compensation. But, what is a litigation friend?

In this guide, we answer the question “what is a litigation friend”, explaining their role in helping protected persons to claim compensation. Our guide contains information on when a litigation friend may be needed, who could be appointed to act as one and what responsibilities they have. Additionally, there is information on how the claims procedure works and how a solicitor may help.

Learn more about claiming on behalf of someone else by,

A adult may act as a protected party's litigation friend.

Jump To A Section

What Is A Litigation Friend?

A litigation friend is someone appointed by the court and who acts on behalf of a child or other protected party during a compensation claim. Acting on behalf of a protected party, their role may be to conduct legal proceedings and make decisions with the person’s welfare in mind.

Later in this guide we will look at who could act as a litigation friend. Vulnerable or protected parties include:

  • Those under the age of eighteen, legally considered minors.
  • Those who lack the mental capacity to claim. This capacity is assessed in line with the Mental Capacity Act 2005.

A litigation friend may work with a No Win No Fee solicitor on the claim and may need to conduct court proceedings, advocating for the person’s views and best interests.

Learn more about how to claim for another person by discussing your case with an advisor.

In What Circumstances Is a Litigation Friend Necessary?

If a claimant lacks the capacity to conduct or manage their case independently, it may become necessary for a litigation friend to become involved in legal proceedings. This may occur where the individual lacks the ability to understand or make decisions related to their case.

Children under the age of eighteen are legally considered minors and thus deemed to lack the capacity to conduct legal proceedings on their own behalf. In cases involving minors, a litigation friend is required to act on their behalf. For example, a parent or other family member could act as a litigation friend if a child suffered a birth injury, such as Erb’s palsy.

A litigation friend may be appointed to act on behalf of an adult where mental illness, disability or cognitive impairment prevents the person harmed from being able to do so. For example, a serious medication error could lead to someone suffering a serious brain injury and being unable to conduct proceedings on their own behalf.

For those over the age of eighteen, mental capacity may be assessed under the aforementioned Mental Capacity Act 2005. Any assessment may need to take into consideration the individual’s ability to comprehend details of the case, make decisions and communicate these effectively to a solicitor or other party.

In either instance, the appointment of a litigation friend helps to ensure the rights and interests of the individual harmed are represented.

Find out more about the circumstances in which you could act as someone’s litigation friend by speaking to an advisor.

A gavel and stethoscope sit on a desk.

Court Of Protection

Where individuals have been left unable to make decisions for themselves, such as due to meningitis negligence or a delayed diagnosis of a stroke resulting in a brain injury, the Court of Protection may need to take action on their behalf.

The Court of Protection is a specialist court. It was established by the Mental Capacity Act with the purpose of making decisions on behalf of those who lack the mental capacity to do so themselves.

These decisions may cover matters ranging from health and welfare arrangements to finances and care. The Court of Protection may be responsible for decisions relating to,

  • When someone has the capacity to make their own decisions.
  • Who can become a deputy and appoint them.
  • Applications where decisions must be made urgently.

The court should take the vulnerable person’s wishes into account before making a decision in their best interests and safeguarding their rights. Where there is not a suitable friend or family member to act as a litigation friend, the Court may instead appoint the Official Solicitor to act on the individual’s behalf.

By taking action where necessary, the Court of Protection can play a vital role in protecting the rights of adults lacking mental capacity to claim themselves. Find out more about when a case may be referred to the court by speaking to one of our advisors.

Can Anyone Act As A Litigation Friend?

Whilst a close friend or family member may often act as a litigation friend, anyone can do so as long as they are able to fulfil the role in a fair and competent manner. As someone’s litigation friend you may be asked to conduct court or other legal proceedings.

Parties who could act as a litigation friend include,

  • Parents, guardians and other family members.
  • Professional advocates, such as an independent mental capacity advocate.
  • Personal injury solicitors.
  • Court of Protection Deputies.
  • Those with power of attorney.

In order for a litigation friend to be appointed, the proposed candidate must meet certain suitability criteria. The court will need to be satisfied that there are no conflicts of interest and that they can make fair and competent decisions.

In certain circumstances, there may not be any suitable adults who can act as a litigation friend. This is where the case may be taken up by the Official Solicitor. There will need to be funds available to meet the Official Solicitor’s costs. If the individual harmed is an adult, a medical professional must confirm that they lack the capacity to manage their own case.

If you wish to act on behalf of someone else in their claim, such as on behalf of a mother harmed by maternity negligence, you may request to do so or be appointed by the court. Our team could provide advice as to who could make a claim.

A baby is in an incubator.

A Litigation Friend’s Responsibilities

As already outlined, the litigation friend is responsible for representing the individual harmed in their claim. Duties and responsibilities may include,

  • Being able to competently conduct proceedings on behalf of the person harmed.
  • Receive legal documents and updates from the solicitor working on the case.
  • Providing instructions to the solicitor in line with the claimant’s wishes.
  • Updating the claimant about the court case, informing them of any progress and conveying their wishes to the court.
  • Paying costs as and when ordered to do so by the courts.

One of our advisors could provide more information on the responsibilities of a litigation friend.

What’s The Litigation Friend Procedure?

A solicitor from our panel could help you to apply to be a child or protected party’s litigation friend. To make a successful application, you will need to:

  1. File a certificate of suitability in which you explain your suitability for the role. This must be filed with the court prior to you acting on behalf of someone else.
  2. If applying to act for a protected party, a copy must be sent to their carer, legal deputy, attorney, or the person. If applying to act for a child, such as in a cerebral palsy claim, you must send a copy to their parent, guardian or carer.
  3. File a certificate of service, which confirms how the certificate of suitability was sent and to whom.
  4. Send both certificates and the claim to the court.

If you are already the person’s legal deputy, you should provide the court with the relevant court order. You will not need to complete the steps above.

When Will A Litigation Friend Stop Acting On Behalf Of The Claimant?

The responsibilities of a litigation friend will usually end following the resolution of the court case. However, this does not always happen.

  • If you are acting on behalf of a child your responsibilities may extend beyond the end of the claims procedure. Money awarded to under-18s may be placed in a Court Funds Office (CFO) account. In this case, you will need to remain as a point of contact for the account till the child turns eighteen, or the funds are paid out.
  • Where an adult who did not have the capacity to act in their own interest gets or recovers the capacity to do so.
  • You may step down from the position voluntarily if another party applies to take over your role in the claim.

Get in touch with an advisor to find out more about the process of acting as someone’s litigation friend.

A child undergoes painful dental treatment.

Can Litigation Friends Impact The Success Of A Claim?

In most instances, the use of a litigation friend will not fundamentally impact or affect the compensation claims process. However, the involvement of a litigation friend does ensure that the court approves the compensation settlement. Having a litigation friend can also safeguard and protect the interests of the claimant.

Please talk to one of our advisors if you have any concerns about how being appointed as a litigation friend may impact a case.

To Become A Litigation Friend, Will I Need A Solicitor?

You do not need to work with a solicitor in order either to make a claim on your own behalf or to act as a litigation friend. However, we believe that there are benefits to claiming with a specialist medical negligence solicitor from our panel.

A solicitor could help you with steps such as applying to become a litigation friend, collecting evidence to support a claim and filing the case with the court. In addition, they could help you through a Conditional Fee Agreement. This is a type of No Win No Fee claim under which you will only pay for your solicitors work in the event a case is successful, if it isn’t, there will be nothing to pay. If the claim is successful your solicitor will deduct a small percentage as a success fee. This is capped under law.

Contact Medical Negligence Claims Care

Talk to one of our trained advisors today. They could evaluate your case and determine whether you have a valid claim. If so, they could connect you with one of our panel of No Win No Fee medical negligence solicitors.

A solicitor explains how to become a litigation friend.

More Information

In this final part of the guide, you can find more information about how a solicitor could help you.

Below, you will find resources relevant to claiming on behalf of another person.

We hope our guide has answered the question, “what is a litigation friend?” Contact us for further help.