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 Claims Team

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

Are claim companies allowed to give you 100% of the claim?

Are claim companies allowed to give you 100% of the claim?

Well there is nothing that legally stops you from being offered a 100% compensation agreement, but for most types of cases it is highly unlikely. Sadly the law changed two years ago and the governm...

Published on the 01/07/2015


The Injury Lawyers - THE reputable compensation firm for you!

The Injury Lawyers - THE reputable compensation firm for you!

Do you know why we are called THE Injury Lawyers? It's fairly obvious - its because we are THE original Injury Lawyers, and we have decades of experience in helpin...

Published on the 01/07/2015


Annual fatal work incident numbers released

Annual fatal work incident numbers released

Fatalities at work are of course truly awful. We represent the families for cases and its never easy - especially when we live in a country where health and safety is deemed as generally very good. ...

Published on the 01/07/2015


Roll cages and the Law in personal injury claims

Roll cages and the Law in personal injury claims

A roll cage is normally classed as work equipment which means that it is subject to The Provision and Use of Work Equipment Regulations. These regulations put in place several duties ...

Published on the 30/06/2015


Foot caught in plastic wrapping injury claims advice!

Foot caught in plastic wrapping injury claims advice!

Have you got your got your foot caught in plastic wrapping? Those hard, plastic, white wrappings can be a real danger, and we take on a lot of claims both in the workplace and in public places like su...

Published on the 30/06/2015


Repetitive shoulder strain injury at work settled for £7,500

Repetitive shoulder strain injury at work settled for £7,500

Repetitive strain injury cases can be very difficult to win for several reasons. Proving that your employer has actually breached the law can be difficult, but even harder than that can be proving tha...

Published on the 30/06/2015


Can whiplash be delayed a couple of days?

Can whiplash be delayed a couple of days?

The simple answer is yes - it can. It's actually very common to feel no symptoms on the actual day of an accident. The symptoms of whiplash will typically develop over the course of the 12-48 hours...

Published on the 29/06/2015


Loose cables at work - the risk of trips and falls

Loose cables at work - the risk of trips and falls

In today's technological age there are loads of workplaces where cables will be plentiful through a range of industries throughout the UK. If I look around my desk now I can see the keyboard, mouse, p...

Published on the 29/06/2015


The risks of suing your employer - putting your mind at ease!

The risks of suing your employer - putting your mind at ease!

Few people ever really want to put a claim in; but it becomes a necessity when you have been injured through no fault of your own. Losing out on money from being unable to work when there is a mortgag...

Published on the 29/06/2015


Loss of finger from unguarded machinery at work

Loss of finger from unguarded machinery at work

We blog a lot about machinery and equipment accidents at work because they are frighteningly common. I've said it before and I'll say it again - we have stringent health and safety rules in the UK tha...

Published on the 26/06/2015


Categories
Archives
Follow Us Online

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