Who may need a Litigation Friend?
By Law, a vulnerable person is either:
- An adult who cannot manage their own affairs as a result of them lacking the necessary mental capacity to make legal decisions about the issue in question. Under the Limitation Act 1980, this may also be referred to as a Protected Person; or
- A child under the age of 18 years.
Who can act as a Litigation Friend?
In most circumstances involving a Claimant who is either under the age of 18 i.e. a minor, the litigation friend will be a parent or someone with parental responsibility. Protected Parties (those who lack mental capacity) largely have Litigation Friends who are a parent, sibling, husband/wife, or even a close friend.
If there is no-one suitable to act on behalf of the Claimant, the Court may appoint someone to be a Litigation Friend.
What does a Litigation Friend do?
The Litigation Friend must act fairly and competently with no adverse interests to the Claimant. They therefore must act in the party’s best interests throughout the claim.
During the claim, the Litigation Friend may be required to sign legal documents, instruct professionals, take legal advice and give instructions. They will also be required to make key decisions about the case, such as negotiating settlement sums.
If a settlement is agreed by the Litigation Friend, the Court is required to approve the settlement before it is finalised. This ensures that the settlement reached is in the best interest of the Claimant and approved by a Judge. It provides a safety blanket in ensuring the final outcome is made in the best interests of the protected Party.
When does a Litigation Friend stop acting?
A Litigation Friend will continue to have this role until:
- The claim ends;
- The person they are representing turns 18; or
- The person they are representing regains mental capacity.
They can also choose to voluntarily step down from this position during the claim. If there is not a suitable replacement, the Official Solicitor will take over as Litigation Friend.
You may have a family member, or close friend who you believe is entitled to bring a medical negligence claim for compensation but is incapable of doing so themselves. If you wish to discuss this with us then our friendly team of experts can be contacted on 01754 897 150.