How To Claim With A Litigation Friend

Has someone you know suffered an accident, injury or harm that was not their fault? Would you like to make a compensation claim on their behalf? However, you are unsure if you can do this. Then this guide could help you.

This guide will aim to answer the question, ‘What is a litigation friend?’. We will tell you under what circumstances a litigation friend is needed and who could act in this capacity to help a child or protected party with their claim.

We want to make the claim process as easy as possible and are happy to answer any questions you may have. Please contact us using the details below to get in touch. We offer a free, no-obligation case assessment. You can reach us by:

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What Is A Litigation Friend?

A litigation friend is a person who can bring a claim on behalf of a child or a protected party. Minors (those under the age of 18) cannot start their own claim until they reach the age of 18. As this could be a significant period of time a child might require access to things like interim payments for rehabilitation, there are rules in place to allow a claim to be brought by using a litigation friend.

Similarly, those who lack the capacity to bring their own claim require a litigation friend to make decisions on the case for them. People lacking this capacity are called protected parties.

A litigation friend should file a certificate of suitability with the court when proceedings are started. This is a legal form that will state whether they are acting on behalf of a child or a protected party. If it is a protected party, it must state the reasons the party is protected and provide any supporting medical evidence.

The certificate of suitability will state that the litigation friend will conduct proceedings on behalf of the child or protected party competently and fairly. In addition it must state that they have no adverse interests to those of the child or protected party. If the person cannot truthfully sign this document due to a conflict of interests, they should not be a litigation friend.

If you need to bring a claim on behalf of a child or someone who lacks capacity, contact one of our sensitive advisors, who can answer any questions you may have.

Why Would Someone Need A Litigation Friend?

We have covered above that children and protected parties require a litigation friend to bring a compensation claim. To make such a claim, there are three eligibility criteria that must be met:

  • A duty of care was owed to the child or protected party
  • There was a breach of this duty
  • And that this breach caused injury or avoidable harm

Here are some specific types of compensation claims:

Personal Injury

Personal injury claims can include

  • Accidents at work
  • Road traffic accidents
  • Public liability claims

Looking at road traffic accidents specifically, road users owe a duty of care to other road users. They must use their vehicles in such a manner that they avoid causing harm. This involves following the Highway Code and the Road Traffic Act.

For example, a drunk driver could fail to stop at a giveaway junction and collide with the side of your car. Your child suffers a broken nose and psychological injuries and this could lead to a claim for personal injury compensation.

Medical Negligence

A duty of care is owed by medical professionals to those they treat or provide advice to. To meet this duty, they must provide the correct minimum accepted standard of care. Should they fall below this standard and cause avoidable harm, then a medical negligence claim might be possible.

For example, a GP might fail to listen to you or your child’s symptoms correctly and lead them to misdiagnose a fracture as a sprain. This could lead to a poor long term prognosis due to the delay in treatment. If they did not meet the correct minimum standard of care, then this could result in a GP misdiagnosis claim.

Data Breach

A data breach claim can potentially be made if there is a breach of data protection laws such as the UK General Data Protection Regulations (UK GDPR) or the Data Protection Act 2018. An example of a data breach claim could be that your child’s private medical records are sent to the wrong address, and this causes significant psychological damage to your child. It could be that the NHS are responsible for such a data breach and that a compensation claim could be brought.

To talk about any potential compensation claim on behalf of a child or protected party, please get in touch with one of our advisors.

Who Is Eligible To Become A Litigation Friend?

A litigation friend for a child is usually a parent or guardian, but it does not have to be. If not a parent or guardian, then the certificate of suitability should be sent to the parent or guardian of the child.

For protected parties, this role is similarly often filled by a family member but, again, does not need to be. Anybody can act for someone who lacks the capacity to make a decision regarding the claim or a child, as long as they are competent and have the injured person’s best interest in mind.

Some examples could be:

If there is no one suitable for the role, the court may appoint an Official Solicitor who can represent the injured party. They will have the injured person’s case assigned to one of them, and they will act on their behalf.

What Is The Role Of A Litigation Friend In A Compensation Claim?

The role of a litigation friend is to:

  • Make decisions and manage the case on behalf of the injured person
  • Update the injured person with what is happening with the claim and take their instructions
  • Have contact with the legal representative about what is happening, obtain advice from them and give them instructions on behalf of the injured person

How Does The Role Of A Litigation Friend End?

The role will end once the claim is completed. However, there are some alternatives:

  • If the vulnerable adult has regained their mental capacity to continue with their own case, then the injured party can apply to have them discharged.
  • The court could remove a litigation friend if they have acted negligently or in bad faith.
  • If the injured person turns 18 and is now able to continue with the claim themselves.

Having taken you through the process of a claim as a litigation friend, please contact us for a free no obligation chat about your circumstances. You can get in touch by:

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