ACT AS A LITIGATION FRIEND

To act as a litigation friend you need to apply to the court by filing in form N235.

A litigation friend can plead on your behalf in the Courts.

You may have to attach a certificate of service.

Who can Act as a Litigant Friend:

a) Your parents or local guardian.

b) Your family member suh as a brother, sister or relative.

c) A solicitor

d) Someone who holds a lasting or enduring power of attorney.

Who can be a litigation friend

ACT AS A LITIGATION FRIEND

The court can appoint anyone to be a litigation friend, for example:

Suitability

ACT AS A LITIGATION FRIEND

The court will check you’re suitable by making sure:

  • your interests do not conflict with theirs
  • you can make decisions about the case in a fair and competent way

You must fill in a certificate of suitability if you’re applying be someone’s litigation friend.

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If there’s no one suitable to be litigation friend

The Official Solicitor will act as a litigation friend if:

  • nobody else is suitable and willing to be litigation friend
  • there’s money available to pay the Official Solicitor’s costs, for example legal aid
  • the person’s doctor or another medical professional, for example their psychiatrist, confirms they lack capacity to manage the case (unless they’re a child)

The court will appoint the Official Solicitor – if he agrees – at the relevant time.

Contact the relevant section of the Official Solicitor’s office if you have a query about his involvement in a case.

Requirement for a litigation friend

141.—(1) Subject to rule 147, P (if a party to proceedings) must have a litigation friend.

(2) A protected party (if a party to the proceedings) must have a litigation friend.

(3) A child (if a party to proceedings) must have a litigation friend to conduct those proceedings on his behalf unless the court makes an order under paragraph (4).

(4) The court may make an order permitting the child to conduct proceedings without a litigation friend.

(5) An application for an order under paragraph (4)—

(a)may be made by the child;

(b)if the child already has a litigation friend, must be made on notice to the litigation friend; and

(c)if the child has no litigation friend, may be made without notice.

(6) Where—

(a)the court has made an order under paragraph (4); and

(b)it subsequently appears to the court that it is desirable for a litigation friend to conduct the proceedings on behalf of the child,

the court may appoint a person to be the child’s litigation friend.

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