Introduction
Making a personal injury claim can feel daunting, especially for people who cannot manage the process themselves. In some situations, the law allows another person to step in and act on behalf of the injured person. This person is known as a litigation friend.
At Harris Fowler , we often work with litigation friends to ensure that vulnerable clients can still access justice.
When Is a Litigation Friend Needed?
A litigation friend is appointed when the person bringing the claim (the “claimant”) is unable to conduct the case themselves. This usually happens in two scenarios:
- Children (under 18 years old). Because minors cannot legally manage their own court case, a litigation friend must act on their behalf.
- Adults who lack mental capacity. If an adult is unable to make decisions due to a brain injury, learning disability, or other condition affecting mental capacity, a litigation friend steps in.
Who Can Be a Litigation Friend?
A litigation friend is usually a close and responsible adult who can fairly and competently manage the claim in the best interests of the claimant.
Common examples include:
- A parent or guardian.
- A spouse, partner, or other family member.
- A close friend.
- A professional, such as a solicitor or an advocate, if no suitable family member is available.
The key requirement is that the litigation friend must act honestly, fairly, and in the best interests of the claimant at all times.
What Does a Litigation Friend Do?
The role of a litigation friend includes:
- Making important decisions about the case.
- Giving instructions to the solicitor on the claimant’s behalf.
- Considering and approving settlement offers.
- Attending court hearings if required.
- Protecting the claimant’s financial and legal interests.
Importantly, any compensation awarded will not go directly to the litigation friend. For children, the money is usually held in a court-approved account until they turn 18. For adults lacking capacity, the funds are managed under the Court of Protection or another appropriate arrangement.
How Is a Litigation Friend Appointed?
The process is straightforward:
- Completing a court form (Form N235) – confirming the person agrees to act as litigation friend.
- Filing the form with the court – usually at the start of the claim.
- Sometimes, the court may formally appoint or approve the litigation friend, especially where there is any doubt about suitability.
Your solicitor will guide you through this process and make sure all paperwork is completed correctly.
Why Is a Litigation Friend Important?
Without a litigation friend, some people would not be able to pursue a personal injury claim at all.
This safeguard ensures that:
- Children and vulnerable adults can still seek justice.
- Decisions are made carefully and in the claimant’s best interests.
- Compensation is protected and used for the claimant’s benefit.
How Harris Fowler Solicitors Can Help
At Harris Fowler, we regularly represent clients where a litigation friend is required.
We:
- Guide families through the process of becoming a litigation friend.
- Ensure all legal documents are completed properly.
- Provide clear, compassionate advice so you understand your role and responsibilities.
- Protect the claimant’s rights and secure the maximum compensation available.
Conclusion
A litigation friend plays a vital role in personal injury claims for children and adults who cannot handle the process themselves. By stepping in, they make sure the injured person’s interests are safeguarded, and that they can still access justice.
If you need advice about becoming a litigation friend, or you are pursuing a claim on behalf of someone else, our team at Harris Fowler Solicitors can provide expert guidance every step of the way.
Contact us today for a free consultation.
