A litigation friend is an individual who makes decisions regarding a court case on behalf of a child or someone who does not have the mental capacity to do this for themselves. This could be in respect of a civil litigation case, a family case or a Court of Protection case.
Who Can Be A Litigation Friend?
Any suitable adult can be a litigation friend provided that their interests are not in conflict with that of the child or protected person who lacks mental capacity and provided they can make decisions about the case fairly and competently.
Individuals who can apply to be a litigation friend include:
- A parent or guardian
- A professional mental capacity representative
- A solicitor
- A deputy appointed by the Court of Protection
- A friend or relative
- An attorney appointed under a lasting power of attorney or enduring power of attorney
If there is no one suitable who can act as a litigation friend, the Official Solicitor may be prepared to act where the case can be adequately funded.
What Does A Litigation Friend Do and What Are Their Responsibilities?
A litigation friend is responsible for directing proceedings on behalf of the individual for whom they act. This includes:
- Making decisions on their behalf and in their best interests
- Explaining what is happening and asking them what their wishes and feelings are
- Taking legal advice and discussing the case with their solicitor
- Paying the costs as ordered by the court
If the individual has been offered money to settle a case, there will be a court hearing to approve this.
After the case, the role of litigation friend ends unless money has been paid into the Court Funds Office for the person by way of compensation. In this case, you will remain the contact for that person if you are their litigation friend. Where an adult has been awarded more than £50,000, you will be responsible for managing the account on their behalf or the Court of Protection may appoint a deputy to take on this task.
If you incur reasonable expenses in your role as litigation friend, you can ask the court to award you these by providing receipts.
How To Apply To Be A Litigation Friend
To apply to be a litigation friend, you need to fill in a certificate of suitability and lodge it with the court. The person’s solicitor will usually do this for you. A copy should also be given to the individual in question if they are an adult or to their attorney, if they have one or to the parent or guardian of a minor.
Alternatively, if you have a court order appointing you as the person’s deputy and permitting you to be their litigation friend, then this should be sent to the court with your application.
Being Appointed To Be A Litigation Friend By The Court
An application can be made to the court for a litigation friend to be appointed at any time during a case. The court will need to have evidence that you agree to take on the role of a litigation friend, that you are suitable and that you will be able to carry out the task competently.
If the individual in question regains mental capacity, then they can provide evidence of this and an application can be made to the court for the services of a litigation friend to end. This also applies if a child is represented and they turn 18.
Contact Our Expert Solicitors
At Witan Solicitors, we act for clients in a range of civil disputes, including representing minors and adults who lack mental capacity and who are represented by litigation friends. We can also take on the role of litigation friend ourselves where necessary.
If you would like to discuss your case or be a litigation friend with an experienced litigation lawyer, email us at info@witansolicitors.co.uk or fill in our contact form.
