The role of a Litigation Friend.

Sometimes in personal injury cases, the injured person may not be able to make and manage a legal claim on their own. This occurs if the person is a child or if they lack mental capacity to make legal decisions.

In these situations, the court allows another responsible adult to act on their behalf. This person is known as a Litigation Friend. The role of a Litigation Friend is essential in ensuring that vulnerable individuals can still pursue a claim after suffering an injury. The role is recognised under the Civil Procedure Rules which set out how court proceedings are managed in England and Wales.

A Litigation Friend is usually required when: -

• The injured person is under 18 years of age
• The injured person lacks mental capacity due to illness, disability or the injuries sustained.
• The court has determined that the person cannot properly manage their own claim

A Litigation Friend will make decisions about the claim, communicate with solicitors and ensure that the injured person’s best interests are protected throughout the legal process.

The person who is appointed as a Litigation Friend is often a parent/guardian, a close family member or a trusted friend.

The main duties of a Litigation Friend include making decisions in the best interests of the injured person, instructing solicitors and reviewing legal documents, ensuring the claim is conducted properly and approving any settlement offers. In cases involving a child or an adult who lacks capacity, any compensation agreed must be approved by the court before the claim can be finalised.