What Is A Litigation Friend
When someone is injured and cannot handle a claim on their own, the law allows another person to step in and help, this person is called a litigation friend. It might be a parent making a claim for a child, or a relative supporting an adult who lacks the mental capacity to make decisions. The role exists to make sure that nobody is excluded from justice simply because they can’t manage the legal process themselves.
Throughout this guide, we will explain what the role involves, when it’s needed and how our team can support you through every stage of a claim.
Table Of Contents
- Understanding The Role Of A Litigation Friend
- Who Can Act As A Litigation Friend?
- The Responsibilities Of A Litigation Friend
- How A Litigation Friend Is Appointed
- Why Legal Guidance Matters
- How We Can Help
Understanding The Role Of A Litigation Friend
A litigation friend is someone appointed to make decisions on behalf of another person during a legal claim. Their role isn’t about taking over the case for their own benefit, but about protecting the best interests of the person they represent.
This might apply in two main situations:
- When a child is making a personal injury claim, as the law says anyone under 18 must have a litigation friend to guide the process.
- When an adult doesn’t have the mental capacity to make decisions about their case, which can happen after a serious accident or where there is an existing condition that affects their understanding.
The litigation friend works closely with the solicitor handling the claim, giving instructions, considering advice and making choices that are always meant to reflect what is best for the injured person. They also ensure the court is confident that the case is being managed fairly and responsibly.
Who Can Act As A Litigation Friend?
A litigation friend is often a parent, family member or close friend, but the court’s priority is always whether that person can act fairly and competently in the role. They need to be able to communicate with a solicitor, consider legal advice and make decisions that serve the best interests of the claimant.
In some situations, where no suitable family member or friend is available, a professional such as a solicitor or a court appointed deputy may take on the responsibility. The role comes with serious obligations, as the litigation friend must ensure the claim is pursued properly.
For example, if someone is injured in an accident at work, and they’re unable to manage their case, a litigation friend may step in to oversee the process. This ensures the claim isn’t delayed and the injured individual still receives the representation they need.
The Responsibilities Of A Litigation Friend
The primary duty of a litigation friend is to act in the best interests of the claimant, making decisions with care and ensuring the case is handled properly.
This includes:
- Instructing solicitors
- Providing accurate information about the incident
- Helping decide the best way for the claim to progress
- Sign legal documents and attend hearings if required
The role covers a wide range of claims, from children pursuing child injury claims to adults who have suffered a serious brain injury. Acting as a litigation friend comes with responsibilities, but it ensures that those who can’t represent themselves are still able to seek the compensation they deserve.
How A Litigation Friend Is Appointed
The litigation friend can only act once the court approves their appointment. The court ensures the person chosen can manage the claim responsibly and act in the best interests of the injured party.
The nominee may need to complete a certificate of suitability, confirming they understand their responsibilities and can make decisions appropriately. The court checks for conflicts of interest and assesses whether they can manage the claim fairly.
Once approved, the litigation friend can instruct the solicitor, respond to court documents and attend hearings if required. Their role ensures the case can proceed smoothly even when the claimant cannot manage it themselves.
Why Legal Guidance Matters
Acting as a litigation friend is an important responsibility. Having the right solicitor alongside you ensures the case is managed properly, deadlines are met and the claimant’s best interests are always protected.
Here at Tylers Solicitors, we understand that this can be a stressful process, our team provides clear guidance and ongoing support, making the process straightforward for both the claimant and their chosen individual to act as litigation.
How We Can Help
A litigation friend plays a crucial role in ensuring that someone who cannot represent themselves is still able to access justice. Whether it’s supporting a child in a personal injury case or assisting an adult who lacks capacity, this role ensures their rights are protected and their voice is heard.
With the right legal guidance, the process doesn’t have to feel overwhelming. At Tylers Solicitors, we bring over 15 years of trusted experience to help make the journey clearer and more manageable. We understand that parents, carers, and family members often worry about making the right decisions and what responsibilities come with becoming a litigation friend.
Our team is here to support you every step of the way and to help secure the compensation your loved one deserves. For free, no obligation advice, contact us today on 0800 699 0079 or email info@tylerssolicitors.co.uk.
