If you are dealing with a legal claim for a child or a vulnerable adult, you may come across the term “litigation friend”. It can sound technical, but the idea behind it is actually quite simple.
A litigation friend is someone who helps another person make and manage a legal claim when that person cannot do it themselves. This is common in personal injury and compensation cases in the UK.
In this guide, you will understand exactly what a litigation friend is, who needs one, what they do, and how the process works in real life.
What Is A Litigation Friend?
A litigation friend is a person who acts on behalf of someone who cannot manage a court case themselves. They take responsibility for the legal claim and make decisions in the best interests of the person they are representing.
In simple terms, if someone cannot run their own case, a litigation friend steps in and does it for them.
This usually applies in two situations:
- When the claimant is a child
- When the claimant is a vulnerable adult who lacks mental capacity
The litigation friend ensures that the legal process continues fairly and that the person’s rights are protected throughout the case.
Why Is A Litigation Friend Needed?
Not everyone is able to manage a legal claim. In the UK legal system, a person must be able to understand their case and make informed decisions. This ability is known as capacity to conduct proceedings.
A person may not have this capacity if they:
- Are under 18 years old
- Have suffered a serious brain injury
- Have a mental illness affecting decision-making
- Are otherwise unable to understand legal advice or court processes
In such situations, the law allows a litigation friend to step in so that the claim can still move forward properly.
Without a litigation friend, the injured or vulnerable person would not be able to pursue compensation, even if they have a strong case.
Who Needs A Litigation Friend?
There are two main groups of people who require a litigation friend in compensation claims.
Children Under 18
If you are under 18, you cannot bring a legal claim on your own. You also cannot instruct solicitors directly.
Instead, a litigation friend must:
- Start the claim for you
- Instruct the solicitor
- Make decisions about the case
- Attend court if required
This ensures that children are properly represented and protected in legal proceedings.
Protected Parties (Vulnerable Adults)
A protected party is an adult who cannot manage their own legal affairs. This may happen because of:
- A serious accident causing brain injury
- A mental health condition
- A condition affecting understanding or communication
If you are in this situation, the court may decide that you cannot manage your claim alone. A litigation friend is then appointed to act on your behalf.
The aim is to ensure that you are still able to access justice, even if you cannot personally run your case.
Who Can Be A Litigation Friend?
In most cases, the court allows flexibility in choosing a litigation friend. The key requirement is that the person must act fairly, responsibly, and in the best interests of the claimant.
A litigation friend is often:
- A parent (for a child)
- A spouse or partner
- A sibling or close family member
- A close friend
In some cases, it may be more appropriate for a professional to take on the role, such as:
- A legal guardian
- A social worker
- A professional carer
If no suitable person is available, the Official Solicitor can act as litigation friend. This is a government body that steps in to protect vulnerable individuals in legal proceedings.
Is A Litigation Friend The Same As A Lawyer?
No, a litigation friend is not the same as a lawyer.
This is an important distinction.
A lawyer:
- Provides legal advice
- Represents the case in court
- Prepares legal arguments
A litigation friend:
- Gives instructions to the lawyer
- Makes decisions about the claim
- Acts on behalf of the claimant
In simple terms, the litigation friend is the decision-maker, and the lawyer is the legal expert who carries out those instructions.
If you are acting as a litigation friend, you become the solicitor’s client, not the injured person directly.
What Does A Litigation Friend Do?
If you are appointed as a litigation friend, you take on full responsibility for the case. This includes both legal and practical duties.
Your responsibilities may include:
Managing the claim
You will start and manage the compensation claim on behalf of the person. This includes dealing with solicitors and ensuring all paperwork is completed correctly.
Giving instructions to solicitors
You must tell the solicitor what decisions to make. For example, whether to accept a settlement offer or proceed to court.
Signing documents
You will be required to sign legal forms and court documents during the case.
Attending court hearings
In some cases, you may need to attend hearings or meetings related to the claim.
Acting in best interests
Every decision you make must focus on what is best for the person you represent. You cannot make decisions based on your own interests.
Keeping the person informed
Where possible, you should explain what is happening in the case so they understand the process.
The Most Important Rule: Best Interests
As a litigation friend, your legal duty is to act in the best interests of the person you represent.
This means:
- You must focus only on their welfare
- You must ignore personal benefit or conflict
- You must consider their health, future needs, and recovery
For example, if a settlement offer is made, you must decide whether it is fair for the injured person, not whether it is convenient for you.
How Do You Become A Litigation Friend?
If you want to act as a litigation friend, you usually need to apply formally.
The process often involves:
Completing a certificate of suitability
This explains why you are suitable to act in this role.
Notifying relevant people
Depending on the case, you may need to inform:
- Parents or guardians (for children)
- Deputies, carers, or attorneys (for adults)
Completing a certificate of service
This confirms that you have shared the required documents with the correct people.
Submitting documents to the court
The forms are then submitted along with the compensation claim.
If you are already a legally appointed deputy, you may not need to go through all of these steps. A court order may be enough to confirm your authority.
How Long Does A Litigation Friend Act?
A litigation friend does not act forever. Their role ends when:
- The legal claim finishes
- The child turns 18
- The vulnerable adult regains mental capacity
You can also step down if you are no longer able to continue. In such cases, another suitable person may take over. If no one is available, the Official Solicitor will step in.
Does A Litigation Friend Affect The Claim?
In most cases, having a litigation friend does not change the outcome or process of the claim. The solicitors still handle the case in the normal way.
However, there is one important safeguard:
Court Approval of Settlements
Any compensation settlement must be approved by the court when a litigation friend is involved. This ensures that:
- The settlement is fair
- The amount is reasonable
- The vulnerable person is properly protected
This is a key safeguard in UK law to prevent unfair agreements.
Why The Role Of A Litigation Friend Is So Important
The role of a litigation friend is essential in protecting access to justice. Without it, many people would not be able to bring a claim at all.
It ensures that:
- Children can still receive compensation for injuries
- Vulnerable adults are not excluded from the legal system
- The claimant’s rights are fully protected
It also ensures that decisions are made carefully and with proper oversight.
Final Thoughts
A litigation friend plays a vital role in UK law. If someone cannot manage their own legal case, a litigation friend steps in to ensure their claim is handled properly, fairly, and in their best interests.
If you are ever asked to act as a litigation friend, it is important to understand the responsibility involved. You are not just helping with paperwork—you are taking legal responsibility for someone’s case and decisions.
At the same time, the system is designed to support you, with solicitors guiding the process and the court ensuring everything remains fair.
Ultimately, the goal is simple: to make sure that no one is denied justice just because they cannot manage a legal claim on their own.