Call FREE from a Landline on 0800 634 75 75
Call from a Mobile on 01246 474 745

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

Personal Injury Claims Solicitors

NHS HIV Email Leak
Search Our Blog
Free Instant Valuation
As Seen on TV
Latest Blog Posts

Motorbike accident compensation help and advice

Motorbike accident compensation help and advice

Claiming for motorbike accident compensation can be a long road indeed. We have helped countless people claim the compensation they deserve after being the victim in a road traffic accident and withou...

Published on the 01/09/2015


Medical lawyers for you

Medical lawyers for you

Need a medical lawyer? Look no further than our specialist team here at The Injury Lawyers. Our medical lawyers are here for you. We are here to help you through your traumatic experience and fight...

Published on the 01/09/2015


Double cream product recall - low levels of food poisoning found

Double cream product recall - low levels of food poisoning found

According to the Food Standards Agency (FSA), hundreds of double cream products are being recalled due to low levels of Listeria monocytogenes being found in a number of pots. Those recalling products...

Published on the 01/09/2015


Sawmill workers compensation rights explained

Sawmill workers compensation rights explained

Sawmills are of course very dangerous places, and health and safety is of paramount importance to ensure that employees are not injured during the course of their employment. But sawmills and firms in...

Published on the 28/08/2015


Injured by accessing an unsecured building site

Injured by accessing an unsecured building site

Building sites are, of course, extremely dangerous. I know it's a bit of an obvious statement but it is extremely relevant when discussing accidents on building sites. Those in contro...

Published on the 28/08/2015


Fall from unsecured ladder on a vehicle claim

Fall from unsecured ladder on a vehicle claim

The Work at Height Regulations put an important duty on your employer to make sure that you are not at risk from a fall during the course of employment. When it comes to falls from unsecured ladders o...

Published on the 28/08/2015


Supermarket roll cages - your rights explained!

Supermarket roll cages - your rights explained!

We help a lot of people make a work accident compensation claim after they've been injured by a supermarket roll cage. There are a ...

Published on the 27/08/2015


Tesco 'Free From 5 Belgium Chocolate Wafers' recalled following reports of possible salmonella

Tesco 'Free From 5 Belgium Chocolate Wafers' recalled following reports of possible salmonella

I'm sure it doesn't take an injury lawyer to tell you just how dangerous salmonella can be. It makes these kinds of food product recalls all the more serious in nature. The ...

Published on the 27/08/2015


Help with medical compensation claims

Help with medical compensation claims

Being the victim of medical negligence is a scary experience. Bringing your much needed and deserved medical compensation claim can be equally as frightening too. That's why we are here to help you...

Published on the 27/08/2015


£10K payout for worker injured by dangerous drill

£10K payout for worker injured by dangerous drill

Our client instructed us after he dislocated two fingers when his overalls were caught in the mechanism of a magnetic drill he was using at work. There were no guards on the drill and no emergency sto...

Published on the 25/08/2015


Categories
Archives