What is a litigation friend?

In such situations, a litigation friend can step in as a crucial ally, acting as a voice and advocate in court proceedings. But what exactly is a litigation friend, and what role do they play in the legal system?

Definition and role of a litigation friend

Simply put, a litigation friend is an individual appointed by the court to act on behalf of someone who lacks the mental capacity to manage their own medical negligence or personal injury claim. This can include:

• Children: All children under 18 require a litigation friend in court proceedings unless the court grants special permission otherwise.
• Adults lacking mental capacity: This can be due to various factors, such as learning difficulties, mental illness, or the result of any injury or medical negligence that the claim is regarding.

Who can be a litigation friend?

The court can appoint anyone suitable as a litigation friend, as long as they:

• Have the individual’s best interests at heart.
• Are able to understand the legal proceedings and make sound decisions.
• Are not involved in a conflict of interest with the case.

Common choices include:

• Parents or guardians: For children and adults with mental capacity issues.
• Family members or close friends: Ideally someone with a good understanding of the individual’s needs and wishes.
• Solicitors or professional advocates: For complex cases or where specialised expertise is needed.

How is a litigation friend appointed?

The process for appointing a litigation friend varies depending on the circumstances:

• For children: The court usually appoints a parent or guardian automatically, unless unsuitable.
• For adults lacking capacity: An application is made to the court, often by a family member, healthcare professional, or legal representative. The court will assess the suitability of the proposed candidate and, if satisfied, formally appoint them.

What are the responsibilities of a litigation friend?

Being a litigation friend comes with significant responsibilities, including:

• Acting in a responsible and ethical manner, upholding the court’s trust and ensuring the case progresses smoothly.
• Understanding the clinical negligence or personal injury claim process.
• Gathering evidence and information relevant to the case.
• Communicating with the individual they are representing and their legal team, keeping them informed about the case and ensuring their wishes and views are heard.
• Attending any necessary court hearings and actively participating in the proceedings.
• Making decisions about the case: – this includes instructing lawyers, attending court hearings, and agreeing to settlements offered for a claim.
• Keeping the individual informed and ensuring their voice is heard.

Litigation friends play a vital role in ensuring fair representation and protecting the interests of those unable to navigate the legal system themselves.

By understanding the role and responsibilities of a litigation friend, you can ensure fair and effective representation for those who need it most.

Find out more about litigation friends

To find out more about litigation friends, check out the guidance available on the Government’s website.