What is a Litigation Friend and should I become one?
Not everyone has the privilege of making a compensation claim themselves. But, this shouldn’t prevent anyone from receiving the compensation they deserve. Someone who is not capable of fighting for their own rights still has exactly the same rights as everyone else - they may just need a bit of help from a litigation friend to defend them.
What is a litigation friend?
In the event that somebody is injured or harmed through no fault of their own, for example, as a result of an accident or medical negligence, the law states that it is the prerogative of the injured person to claim compensation. Typically, the injured person will take care of their own claim and be solely responsible for liaising with a solicitor.
But, some people may not be able to make their own claim. The person eligible to make a claim for an injury that was not their fault may be:
A child (under the age of 18)
A protected party. For example, an adult deemed unfit to deal with their own affairs due to severe injury or mental incapacity.
In this case, they will require the help of a litigation friend. A litigation friend represents child or protected party, takes care of their claim, and makes decisions on behalf of them.
What are the responsibilities of a litigation friend?
Being a litigation friend requires commitment. If you agree to represent a child or protected party, you'll be expected to take care of their legal affairs until the case has ended (or someone else is able to take over). And this is no light responsibility - you must make all your decisions based on what you believe is best for the person you're representing. They will rely on you to do anything in your power to protect their rights.
Usually, the main responsibilities of a litigation friend include:
Making important decisions for the person they’re representing
Liaising with solicitors to seek legal advice
Attending all court hearings
Providing regular updates to the injured person
Signing any legal documents
Taking care of related correspondence
Always taking into account the best interests of the injured person and ensuring solicitors have an understanding of this.
How do I know if I should become a litigation friend?
If you know anyone that is eligible to make a compensation claim but can’t do it for themselves, you can become a litigation friend. Provided you can perform the duties required and have the resilience to fight for the injured person’s rights throughout the case; you may consider taking on this role.
You may be the injured person’s:
Family member
Romantic partner
Close friend
Guardian
Social worker
Carer.
It’s important to note that being a litigation friend can be very emotionally taxing. So, before you consider taking on this role, you should be confident that you have the time and emotional capacity to commit to the responsibilities expected of you.
If you don’t feel you are able to take on these responsibilities, or if the injured person doesn’t have anyone to be their litigation friend, the Official Solicitor is always there to step in. The job of the Official Solicitor is to make legal decisions for anyone who is mentally incapable of doing so themselves.
How do I become a litigation friend?
You can either apply to become a litigation friend, or you can be court-appointed.
Usually, you’ll need to fill in a form to approve your suitability for the role. This is called a certificate of suitability. If the person you want to represent is an adult, you must provide any reason why you think they need someone else to make legal decisions for them.
When applying on behalf of a child, you should send a copy of the certificate of suitability to a parent or guardian. For a protected party, you should send a copy to either the injured person, their legal deputy, or attorney.
Finally, you need to complete a certificate of service for a civil case, family case, or Court of Protection case.
Please remember: being a litigation friend is a lot of responsibility. No one can or should pressure you into taking on this role - you must be sure that you really want to go ahead with it.
Disclaimer: This article is for informational purposes only and should not be taken as legal advice. For more information, please visit https://www.gov.uk/litigation-friend.