The Role of a Litigation Friend in Legal Proceedings

The concept of a Litigation Friend plays a crucial role in ensuring that individuals who may lack the capacity to conduct legal proceedings independently are adequately represented. Here we aim to shed light on the definition and eligibility criteria for becoming a Litigation Friend in various legal scenarios.

What is a Litigation Friend?

A Litigation Friend is an individual appointed to act on behalf of someone who lacks the mental capacity to make decisions or conduct legal proceedings independently. This role is vital in guaranteeing that even those with limited cognitive abilities have access to fair and just legal representation.

Key Responsibilities of a Litigation Friend:

1. Acting in the Best Interests

A Litigation Friend is obligated to make decisions that are in the best interests of the individual lacking mental capacity. This includes considering the person's wishes, feelings, beliefs, and values.

2. Representation in Court

Litigation Friends play a crucial role in legal proceedings, representing the individual lacking capacity in court. Although Litigation Friends cannot conduct legal proceedings in court, they work closely with legal professionals to ensure that the person's rights and interests are protected.

3. Gathering Evidence

Litigation Friends may be involved in collecting and presenting evidence relevant to the case. This could include medical records, witness statements, or other documents supporting the individual's position.

4. Communication with Legal Team

Effective communication between the Litigation Friend and the lawyers representing the individual is essential. This ensures that all relevant information is shared, and the legal strategy is aligned with the best interests of the individual they represent.

Who Can Become a Litigation Friend?

1. Family Members

Close family members, such as parents, siblings, or spouses, are often appointed as Litigation Friends. They are presumed to have a genuine concern for the well-being of their family member and can provide valuable insights into their wishes.

2. Friends or Advocates

In the absence of suitable family members, friends or advocates with a genuine interest in the individual's welfare may be appointed as Litigation Friends. The key criterion is their ability to act in the person's best interests.

3. Professional Guardians or Solicitors

In certain cases, professional guardians or solicitors may be appointed as Litigation Friends. This is especially common when there are complexities in the legal matter, and specialised expertise is required.

Conclusion

Understanding the role of a Litigation Friend is paramount for anyone navigating legal proceedings on behalf of someone lacking mental capacity. At PENERLEY, we are committed to providing expert guidance on this matter. If you find yourself in a situation where a Litigation Friend is needed, our experienced legal team is here to assist. Contact us today for a confidential consultation tailored to your unique circumstances.