If a minor (someone under the age of 18) has an accident through no fault of their own, and suffers an injury as a result, they are entitled to claim for compensation. However, there is a caveat to this; by this, I mean they are able to claim, but they are not allowed to act on their own behalf.
This is where a litigation friend comes in. A litigation friend is someone who acts on behalf of the minor throughout their claim; this is usually the minor’s parent or guardian, or alternatively can be another trustworthy adult suitable for the role.
A litigation friend is needed as it is recognised by the Law that a child should be entitled to bring a claim for compensation just like anyone else – but the issue is that they are deemed not to have the ‘legal capacity’ to conduct the claim themselves. Litigation friends are also needed for protected parties, which are people who are not deemed to have the ‘mental capacity’ to act on their own behalf throughout their claim; legislation for this is contained under The Mental Health Act 2005.
There are a few differences in the way that cases can proceed with litigation friends as opposed to the Claimant acting on their own behalf. These differences, I will go on to discuss; but their intention is simply to protect the interests of the Claimant, who may be a minor or a protected party. A first difference is that if a settlement offer is received for the claimant, this will normally go through a court in order to deem whether it is a fair valuation for the claim. A second difference, in the event the Claimant is a child, is that once the settlement monies are deemed acceptable, they are placed in a trust for the child which is released once the child reaches 18 years of age.
At The Injury Lawyers, we always advise that a litigation friend should be chosen carefully. This is because they deal with all the correspondence on behalf of a Claimant, and all instructions for the actions of a solicitor on the claim are given by them. So basically, a litigation friend must have the claimant’s best interests at heart, and have no ulterior motives with regards to the claim. A litigation friend must also be in regular contact with the Claimant.
