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There are a lot of terms that are used throughout the legal process that you may be unfamiliar with; litigation friend might be one of them. In this glossary guide, we’ll explain everything you need to know about using a litigation friend, from their duties to appointing one.
Key Things To Remember About Litigation Friends
- A litigation friend makes a claim on someone else’s behalf
- They can claim on behalf of a minor or someone lacking the needed mental capacity
- Litigation friends need to act in the best interests of the claimant
- You can apply to be a litigation friend, but the court needs to approve it
- You can work with a No Win No Fee solicitor while acting as a litigation friend
We’ll try to explain everything in our guide, but if you’d rather speak to one of our advisors, you can get in touch for free. They can answer any questions you may have about the claiming process, as well as about claiming on behalf of someone else. You can contact them today by:
- Calling us on 0161 509 2856
- Contacting us online
- Using the live chat feature
Frequently Asked Questions
- What Is A Litigation Friend?
- Why Would A Litigation Friend Be Needed?
- Who Can Be A Litigation Friend?
- What Does A Litigation Friend Have To Do?
- How To Appoint A Litigation Friend
- Will The Use Of A Litigation Friend Impact The Claim?
- Do I Need A Solicitor To Become A Litigation Friend?
- More Information
What Is A Litigation Friend?
A litigation friend is someone who makes a compensation claim on behalf of someone who can’t do it for themselves. The legal system aims to be fair and just for everyone, and so the role of the litigation friend is to make it accessible to people who need it.
We’ll discuss when one could be needed in the following section, so keep reading to learn more about claiming for someone else. Or, contact our team of advisors today to find out how Advice could help you.
Why Would The Role Of A Litigation Friend Be Needed?
To make a personal injury claim for yourself, you either need to:
- Be aged 18 or over
- Have the mental capacity to do so
However, if you don’t meet these criteria, you still have the right to claim. This is why the role of a litigation friend is necessary: to give those who cannot claim for themselves an opportunity.
For example, if your child was hit by a car, they still have a right to make a road traffic accident claim, and you could claim on their behalf. Or, if your husband was rendered comatose by a workplace accident on a construction site, you could make an accident at work claim on his behalf.
Contact our team of advisors today to learn more, or keep reading to find out who can act in this role.
Who Can Be A Litigation Friend?
Anyone can take up this role as long as the court approves their position. For example, you could take it on as a:
- Spouse or civil partner
- Parent
- Solicitor
- Family member
- Close friend
- Court of Protection deputy
If there is no-one available to act in this role, then the Official Solicitor may take it on instead. The Official Solicitor is an independent office used as a last resort option for children or those lacking the mental capacity to make their own claims.
To find out more, contact us today.
What Does A Litigation Friend Have To Do?
This role comes with a variety of duties, including:
- Acting in the best interests of the claimant
- Making sure that they know what is happening and finding out how they feel about it, as far as possible
- Working with their solicitor, getting advice from them, and making sure that the solicitor acts in the best interests of the claimant
- Paying costs or fees ordered by the Court
Essentially, the most important part of being a litigation friend is making sure that everything you do is what’s best for the claimant. This is why you have to apply for the role, and the Court needs to approve you.
Our advisors can offer more information on what it means to claim on someone else’s behalf when you get in touch. Or, read on to find out how to appoint a litigation friend.
How To Appoint A Litigation Friend
As we’ve already mentioned, the Court needs to approve whoever applies to be a litigation friend. They do this to make sure that there are no conflicts of interest and that you are capable of making fair and competent decisions on the claimant’s behalf.
If someone appoints you as their litigation friend, or if you want to appoint yourself, you need to fill in a certificate of suitability. If the claimant is capable of choosing someone themselves, they can ask the court to appoint them.
Do you need help applying to be a litigation friend? Contact our team of advisors today to find out if one of our expert solicitors could help you.
Will The Use Of A Litigation Friend Impact The Claim?
No, appointing a litigation friend will not impact the claim. In fact, in some cases, appointing someone to handle the claim can be extremely beneficial. Essentially, the role exists to make the claims process more accessible and ensure that everyone can access their right to claim, regardless of age or disability.
Since litigation friends work alongside legal representation, there’s no need to have any prior legal experience if you want to claim for someone else. Contact our team today to find out how you could work side by side with an expert solicitor here at Advice.
Can Advice Help Me Become A Litigation Friend?
At Advice, we believe that everyone has the right to affordable and accessible legal help. Our solicitors all work on a No Win No Fee basis: this means you will not need to pay them for the services they provide prior to the claim starting, as it progresses or if the claim does not succeed.
They do this through a contract called a Conditional Fee Agreement (CFA). Under this type of arrangement, you only pay a success fee if the claim is a success. This is taken from the compensation as a small percentage, but it’s limited by a legal cap.
When you get in touch with our team, they can talk you through the process of applying to be a litigation friend through a free consultation. If they think you could be approved, then they’ll help you get in touch with an expert solicitor from Advice.
They will work side by side with you throughout the claim, helping you to navigate your role as a litigation friend and making sure that the best interests of the claimant come first. Our solicitors have decades of combined experience and have secured countless payouts for their clients through a range of legal niches, from personal injury law to data breach claims.
Contact Us
Do you think you could act as a litigation friend for someone you know or love? Do you want more information on how to claim on someone else’s behalf? If so, you can contact one of our friendly advisors today by:
- Calling us on 0161 509 2856
- Contacting us online
- Using the live chat feature
Learn More
Take a look at some of our other helpful guides:
- Learn what the phrase interim payment means
- Find out how to claim compensation for loss of earnings
- Get information on the personal injury claims time limit
Or, for further resources:
- Find out how to stop being a litigation friend
- Learn about the Court Funds Office (CFO)
- Get help with replacing a litigation friend
Thank you for reading our guide on the definition of a litigation friend.
