If someone has been injured in an accident which was not their fault they may be able to make a personal injury claim against the party responsible. In cases where the person who was harmed is unable to do so on their own behalf, you may be able to act on their behalf as a litigation friend. In this guide, you can find the answer to the question, “what is a litigation friend?”

Having looked at what a litigation friend is, we will also look at who could act in this capacity. Our guide then looks at what they are required to do. Next, we have included information on how long you may be appointed to this role for. Finally, you can find additional resources and information at the end of this guide.

Get advice on how to claim if a loved one has suffered a head injury or other injury by contacting our team.

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Browse Our Guide

• What Is A Litigation Friend?
• Who Can Become A Litigation Friend?
• What Is A Litigation Friend Required To Do In A Personal Injury Claim?
• How Long Is A Litigation Friend Appointed For?
• Read About How To Claim Personal Injury Compensation

What Is A Litigation Friend?

We will begin by answering the question, what is a litigation friend? The litigation friend is a suitable adult who can represent the claimant and conduct legal proceedings on their behalf. This may include liaising with a solicitor and, if necessary, conducting court proceedings.

A litigation friend may be needed when an injured party cannot claim personal injury compensation for themselves. A compensation claim could be made when someone is injured in an accident which was caused by the negligent actions or inactions of a liable third-party, such as the occupier of a public space. In most instances, the person harmed may act on their own behalf. They may choose to do so with a specialist No Win No Fee solicitor.

There may also be instances of a compensation claim going to court. This may be where the defendant does not accept liability or a settlement can not be reached.

However, in certain circumstances, the claimant will be unable to represent themselves in the claim or any subsequent court proceedings. A person may be unable to represent themselves if they are a vulnerable person, such as a protected party or where they where the person suffered a serious injury.

Under Rule 21.2(1) of the Civil Procedure Rules, where someone does not have the mental capacity to act on their own behalf, or where a child injury claim is being made, a litigation friend will be required.

A protected party is someone who is unable to manage their own claim. They may have suffered a serious injury or illness. This may have been caused by the accident or predate it. The protected party will have been deemed to lack capacity as determined under the Mental Capacity Act 2005. As an example, you may act as someone’s litigation friend where a person is claiming compensation for a brain injury.

Please get in touch with our team to learn more about how to make a bodily injury claim on behalf of a protected party.

Who Can Become A Litigation Friend?

You must meet the suitability criteria to act as a litigation friend. You will need to show that you are able to act competently and fairly and do so in the vulnerable person’s best interests. A person may apply to be appointed to act in this capacity or the court may appoint someone.

Those who may be appointed as a litigation friend to act in court proceedings include:

• Family members or close friends. This may include a family member, such as a partner, parent, guardian, child or sibling.
• A professional advocate. This could include Independent Mental Capacity Advocates.
• A Court of Protection Deputy. Certain people may apply to become a deputy.
• Someone who has enduring power of attorney.

In addition, a solicitor could act as a litigation friend in a case. The potential litigation friend must satisfy the court that they do not have a conflict of interest with the claimant. Where there is no suitable party to act in this capacity, the Official Solicitor may do so. The Official Solicitor and Public Trustee (OSPT) is a government body.

The Official Solicitor is the last resort litigation friend. They may act in this capacity where:

• No one is willing or suitable to act on the claimant’s behalf.
• There are funds to pay their costs.
• The person lacks the capacity to make their own claim.

Find out how to claim compensation for pain and suffering caused by an accident by getting in touch with our team.

What Is A Litigation Friend Required To Do In A Personal Injury Claim?

As a litigation friend, you are responsible for directing and managing proceedings on behalf of the injured person. You will need to manage both the initial claim and any subsequent court proceedings.

A litigation friend’s duties can include:

• Making overall decisions about the personal injury claim.
• Keeping in contact with the solicitor about the case. The solicitor may provide advice regarding the case or require instructions on steps to take.
• Keeping the injured person updated on the progress of the claim and any court case. This may involve trying to ascertain the person’s feelings and wishes on what steps should be taken. This ensures that the court can then take these feelings or wishes of the person harmed into account.

As someone’s litigation friend, you may also need to pay costs where the court orders you to do so. The responsibilities may continue beyond the end of the claim or any court case. We will discuss how long the role may last in the subsequent section.

Get in contact with our team today to learn more about what is a litigation friend required to do and how long compensation may take to pay out.

How Long Is A Litigation Friend Appointed For?

If you are appointed as a litigation friend, you may act in this capacity until the end of the court case. There are circumstances in which your role may either terminate prior to this, or extend beyond the end of the claim.

If, at any point in the claims process, the injured party either regains their mental capacity or reaches the age of eighteen, you must inform the court. At this point, the role of a litigation friend will usually end.

If personal injury compensation is placed in a Court Funds Office (CFO) account, your role may extend beyond the end of the case. In this instance, you will be the contact for the CFO. This will last either until the child reaches the age of eighteen, or the court orders the funds to be dispensed.

Please get in touch with our team to find out more about how to claim compensation for an injury or how to conduct proceedings as a litigation friend.

Read About How To Claim Personal Injury Compensation

You can find out more about different claims our team could help you to make, such as a personal injury damage claim, in the resources below.

• Find out what your personal injury claim may be worth by reading our guide on how compensation may be calculated.
• Find out how to seek legal advice and to make a multiple injury compensation claim in this guide.
• You could be compensated for loss of earnings if you had to take time off or stop working due to an injury.
• You can also refer to our legal glossary for further information about compensation claims.

Additional Resources

• • Read more about how to deal with a traumatic brain injury in this NHS guide.
  • Read more about how to get court funds when you turn 18 in this government resource.
  • You can ask the court for an order to be appointed as a litigation friend. Find the relevant forms here.

We hope our guide has answered the question, “what is a litigation friend?” For more information on how a solicitor from our panel could help with personal injury claims, please contact our team.