Claims Involving Children

Any person wishing to make an accident claim who is under the age of 18, or a protected party (someone who lacks capacity within the meaning of the Mental Health Act 2005, for example, they have Alzheimer’s) has to have a Litigation Friend. This is because they are deemed by English law not to have the capacity to conduct litigation on their own.  A Litigation Friend is usually the parent or guardian of the Claimant.

What does a Litigation Friend do?

• A Litigation Friend will need to sign all documents and provide consent on the Claimant’s behalf.

• Your name will be on all relevant correspondence to show that you are acting on behalf of the Claimant.

• It is the duty of a Litigation Friend fairly and competently to conduct proceedings on behalf of a child/protected party. You must have no interest in the proceedings adverse to that of the child/protected party and all steps and decisions you take with regards to compensation must be taken for the benefit of the Claimant.

• If Court proceedings are issued, these will have to be done by the Litigation Friend (forms to be completed by the Solicitor with the Litigation Friend’s signature/consent).

• If the Claimant is under the age of 18, on their 18^th birthday the appointment of Litigation Friend automatically ceases.

How do you become a Litigation Friend?

In order to become a Litigation Friend without a Court Order the person who wishes to act as Litigation Friend must:

• Agree to act on behalf of the minor/protected person with their best interests at heart and must not be the Defendant.

• Complete and sign a Certificate of Suitability if Court Proceedings have to be issued stating that you continue to consent to act in obtaining compensation because the Claimant is a child/protected party (if the latter medical evidence may be required).

• State that they can fairly and competently conduct proceedings on behalf of the child/protected party and has no interest adverse to that of the child or protected party.

Child Settlements

• When a settlement offer for compensation has been made or received on behalf of a child it cannot be accepted without the Court’s approval.

• It is normally directed that the compensation money be invested until the child reaches the age of 18.

• If any of the compensation money needs to be obtained prior to the child reaching the age of 18 an application can be made to the Court.  However, this request will only be approved if the money is to be used for the child’s benefit.  For example, an important school trip, sports equipment, university fees, an operation needed on the grounds of health.