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Litigation friends are legally appointed by a court to make decisions about a court case for someone who is not considered able to make these decisions for themselves.
Photo by Zac Nielson on Unsplash
This could be a child or an adult who has been judged to lack the mental capacity to make decisions about their own case e.g. due to a serious brain injury or learning difficulties. The child or vulnerable adult the litigation friend is making decisions for, is referred to as the ‘protected party’.
Being a litigation friend is a serious responsibility, so if you are considering taking on this role, it is important to understand the duties involved, the process to become a litigation friend and whether you are suitable to carry out the role.
What does a litigation friend do?
The basic role of a litigation friend is to ‘direct the proceedings’ on behalf of the protected person they are acting for.
Specific things a litigation friend will usually need to do include:
How do you become a litigation friend?
You can either apply to a court to become someone’s litigation friend or be appointed by a court where someone else involved in the case has requests a litigation friend be appointed.
A litigation friend can be appointed as soon as a court case starts or at any time during the course of the case.
The court will need to carry out a suitability check to see whether it considers you appropriate to be a litigation friend.
Who can be a litigation friend?
A litigation friend can be anyone, but it will most usually be one of the following:
The suitability check a court carries out will look at two main things:
When do you stop being a litigation friend?
You will usually stop being a litigation friend either when the court case is concluded or if the protected person no longer needs a litigation friend, as they can now make decisions about the case for themselves.
As stated here, https://maho-prentice.com/los-angeles/, in such a scenario, it is best to have a lawyer by your side to guide you through the process.
If the protected person you are acting for is a child who turns 18 or an adult who recovers capacity while the court case is still ongoing, you may need to apply to the court to stop being their litigation friend and allow them to make decisions about the case themselves.
Make sure your loved one has the right legal support for their claim
If you need to act as a litigation friend for a loved one during a personal injury claim or medical negligence claim, you will want to make sure you have the best possible advice and support through the entire claims process.
IBB Claims Solicitors specialise in personal injury and medical negligence cases, with decades of experience securing fair settlements for complex and contested claims. They can guide you through every stage of pursuing compensation, including dealing with court proceedings, ensuring that you and your loved one get all the help you need to achieve the best possible outcome. That way, you can be confident you have properly discharged your duties as a litigation friend.
Welcome to Birds and Lilies! I'm Lou: mother, blogger and freelance writer. This is my lifestyle blog, where I talk about motherhood, infertility and IVF, beauty, my love for food and wine, as well as my thoughts about stuff, and our real-life and travel adventures.
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