Navigating the legal system can be complicated for anyone, but especially for those that are unable to handle their own legal affairs because of age or mental capacity. This is where appointing a person to act as a litigation friend can be useful. But what is a litigation friend? In this helpful guide, we’ll run through the role and responsibilities of a litigation friend and explain how to become one on behalf of a loved one.
What is a litigation friend?
A litigation friend is someone who represents a protected person in legal matters. A protected person is an individual who cannot legally handle their own case because of mental incapacity or age.
A litigation friend ensures that the protected person’s interests are fully considered throughout the legal process, acting on their behalf in everything from giving instructions to solicitors to attending court hearings.
Why would someone need a litigation friend?
If a yet-to-be protected person is involved in a legal case, they may need to:
- Give instructions to lawyers or solicitors
- Complete court paperwork
- Understand judicial decisions and implications
If an individual cannot meet these requirements due to age, illness or disability, the court might determine that they need a litigation friend.
Who can be a litigation friend?
The role of a litigation friend is usually bestowed onto someone close to the protected person, but it must be someone who can act competently and without conflict of interest. Potential litigation friends include:
- Family members — Parents, siblings or partners who know the individual’s circumstances.
- Close friends — Trusted friends who are willing and able to act in the protected person’s best interests.
- Legal guardians or professional carers — In situations where family or friends cannot take on the role, a guardian or carer might step in.
- The official solicitor — If no suitable person is available, the court may appoint the official solicitor to act as the litigation friend.
To meet the legal requirements to be a litigation friend, you must:
- Act in the best interests of the person you represent.
- Be impartial and avoid conflicts of interest.
- Have sufficient time and resources to handle the responsibilities effectively.
The court that appoints the litigation friend will ensure that these requirements are met before assigning the role.
What are the responsibilities of a litigation friend?
The main responsibility of a litigation friend is to protect the interests of your protected person, this includes:
- Signing legal documents
- Attending court hearings
- Seeking legal advice
- Making critical decisions
- Keeping the protected person updated
If the legal case you have been brought into is complicated and time consuming, being a litigation friend can be taxing, especially if the case is emotionally distressing. Despite these challenges, litigation friends play an essential role in ensuring justice is achieved for vulnerable individuals.
How do I become a litigation friend?
There are a few steps you need to take to become a litigation friend so that you can ensure you are a suitable candidate:
- Certificate of suitability — Complete this form to outline why you are appropriate for the role and what your relationship is to the protected person.
- Share the certificate — Share the certificate of responsibility with the relevant parties, informing them of your intentions to be a litigation friend.
- Submit the certificate — This confirms that the certificate of suitability has been delivered to the appropriate individuals.
- Court forms — Fill out the forms with the court. These must accompany the claim when filed.
If you are already a legal deputy appointed by the Court of Protection, you may not need additional court approval to act as a litigation friend.
Get in touch
Litigation friends are an integral part of the legal system, enabling vulnerable individuals to progress through complex legal processes and secure the justice they deserve. By providing support, guidance, and representation, they ensure that justice is accessible to everyone, regardless of their capacity to manage their own affairs.
If you or a loved one may require a litigation friend, Express Solicitors is here to help. Our experienced team can guide you through the process and ensure that your rights or the rights of the person you represent are upheld. Call us on 0161 904 4661 or Start your claim online