Call us FREE on
0800 634 75 75 Now!

Who is a Litigation Friend? What Do They Do?

Certain individuals are not deemed under law to have the ability to bring or defend a claim in the court by themselves. This applies to two categories of person: children and protected parties.

* A child is defined as any person under the age of 18
* Under the Mental Capacity Act 2005 a protected party means a party, or an intended party, who lacks capacity to conduct the proceedings



So, if someone falls into one of these categories, what can we do to make sure they can bring a claim and get the damages they are entitled to?

In this scenario we can nominate somebody called a ‘litigation friend’ to act as a competent representative for the party and to make decisions on the behalf of the party.

So who would fulfil the role?

It would usually be appropriate for the person who takes on the role of litigation friend to be someone who already has a close relationship with the child or protected party. They will have to have their suitability to act confirmed by the court and should act in the best interests of the child or protected party. A litigation friend should obviously not have a conflict of interest with the party they would be representing and so for a child it would usually be appropriate for a parent to take on the responsibility.

Does having a litigation friend affect the way the claim is run?

No, the claim will still be run in the same way, however if the claim is settled before litigation at court then the court will have to approve any settlement at an approval hearing.

Request a call back from our expert claims team

Your Details
Accident Details
Select Your Call Back Time
Free Instant Valuation
As Seen on TV
Latest Blog Posts

A quick guide to no win, no fee agreements

A quick guide to no win, no fee agreements

Whilst most no win, no fee agreements are individual to the firm of lawyers, and can therefore have varying terms and conditions, the principles of the agreement can be standard. So, if you are wonder...

Published on the 30/07/2015


Changing Solicitors - IMPORTANT ADVICE

Changing Solicitors - IMPORTANT ADVICE

The Injury Lawyers settle clients claim for FOUR TIME MORE than his previous lawyers valued the case! Want to know the difference between instructing any old law firm and instructi...

Published on the 29/07/2015


Slipped on ice cream compensation advice

Slipped on ice cream compensation advice

Summer - when the weather is nice and the sun is out, it's always nice for a spot of ice cream. But as I'm sure you can appreciate, ice cream on the floor is a real danger. So happy thoughts of summer...

Published on the 28/07/2015


Finger loss injury at work - The Injury Lawyers advice

Finger loss injury at work - The Injury Lawyers advice

Sadly finger loss injury claims for workplace accidents are very common. In fact, they are way too common given how good health and safety in the UK is generally seen as. The HSE are constantly invest...

Published on the 28/07/2015


Injured when cleaning machinery at work

Injured when cleaning machinery at work

Injuries caused by machinery at work when employees are caught or entangled in moving parts are one of the more common types of cases that the Health and Safety Executive prosecute companies for. We d...

Published on the 27/07/2015


Have you suffered hand arm vibration syndrome after your employer ignored your complaints?

Have you suffered hand arm vibration syndrome after your employer ignored your complaints?

When it comes to hand arm vibration syndrome (or HAVS / vibration white finger), as an industrial disease case, it usually comes down to what preventative measures your employer could have put in plac...

Published on the 27/07/2015


Supermarket Car Park Accident Claims

Supermarket Car Park Accident Claims

Supermarket car parks can be a hotspot for accidents and injury claims for many reasons. During peak times when cars are constantly moving around the car park and pedestrians are weaving in between ca...

Published on the 21/07/2015


Dental Negligence Compensation Claims - some quick advice!

Dental Negligence Compensation Claims - some quick advice!

Dental law can be a complex area of law. Many personal injury claims are pursued in very standardised ways, but dental law can be far more complex when you are making a dental negligence compensation ...

Published on the 21/07/2015


The Injury Lawyers win £9,000 settlement for coffee burns victim

The Injury Lawyers win £9,000 settlement for coffee burns victim

You may have heard of the McDonald's coffee lawsuit (Liebeck v. McDonald's Restaurants) where the victim successfully sued because of the high temperature of the drink. Whilst those kinds of ...

Published on the 20/07/2015


Can I claim for broken glass injury from a nightclub floor?

Can I claim for broken glass injury from a nightclub floor?

Glass on a nightclub floor is a common occurrence and an obviously dangerous hazard. It's the reason that many places now have plastic cups and plastic bottles because of the absolute nightmare that b...

Published on the 20/07/2015


Categories
Archives
Follow Us Online

Have a question? Call our Claims Help team for free expert legal advice on 0800 634 75 75