What Is a Litigation Friend? A Complete Guide
This guide covers who qualifies as a litigation friend, what the role involves day to day, how the court appointment process works, and what happens when a settlement is reached.
“Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases. “
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
Whether you are a parent acting for an injured child or a family member stepping in for a vulnerable adult, the process for acting as a litigation friend is more straightforward than most people expect.
Who needs a litigation friend in a personal injury claim?
Under CPR Part 21, anyone under the age of 18 or lacking mental capacity must have a litigation friend to bring or defend a claim. There are no exceptions. If no litigation friend is in place, the court cannot allow the case to proceed.
For children, this applies to any type of personal injury claim. A child hurt in a car accident, injured at school, or harmed through medical negligence will need a litigation friend until they reach their 18th birthday.
For adults, the test comes from the Mental Capacity Act 2005. A protected party is someone who cannot make decisions about the litigation because of an impairment of, or a disturbance in, the functioning of the mind or brain. Capacity is assessed on a decision-specific basis. Someone may manage their daily life perfectly well but still lack the capacity to understand complex litigation decisions about their claim.
Common examples include an adult with an acquired brain injury from an accident, a person with a severe learning disability, or an elderly parent living with dementia. In each case, the court expects a litigation friend to be in place before the claim moves forward. Failing to appoint one early risks the court striking out proceedings or refusing to list hearings.
Who can be a litigation friend?
Most litigation friends are close family members. A parent, spouse, sibling, or adult child is the usual choice. You do not need any legal qualification to take on the role.
The court sets three formal requirements under CPR 21.4(3). To act as a litigation friend, you must:
- Be able to fairly and competently conduct proceedings on behalf of the child or protected party
- Have no adverse interest to that of the child or protected party
- Agree to pay any costs the court may order (more on this below, and why it is less alarming than it sounds)
The second requirement is where conflicts arise. A parent cannot act as litigation friend if the child’s injury happened in their care and they could be a defendant. If a child was injured as a passenger in a car where the parent was driving, that parent has an adverse interest and is disqualified.
When no suitable family member is available, another relative or close friend can step in. As a last resort, the court may appoint the Official Solicitor, a government officer who acts for people who cannot represent themselves and have no one else willing or able to do so. The Official Solicitor’s costs are paid from the damages or the protected party’s estate, so this route reduces the final award.
How to become a litigation friend
There are two routes to becoming a litigation friend, and the right one depends on the circumstances of the case.
Route 1: Certificate of suitability (CPR 21.5)
This is the most common path. You file a certificate of suitability confirming that you meet the three requirements set out in CPR 21.4(3). The certificate states that you consent to act, that you can fairly and competently conduct proceedings, and that you have no adverse interest. Your solicitor prepares this document. No court hearing is needed. Following the April 2023 reforms, which revoked Practice Direction 21, Form N292 is now required for certificate filings. The certificate must be served on every other party to the proceedings at the time it is filed.
Route 2: Court appointment (CPR 21.6)
This route applies when there is a dispute about suitability or when no one has come forward to act. The court appoints a litigation friend after a formal application, which involves a hearing. Expect this process to take several weeks longer than the certificate route, depending on court listing times.
In most personal injury claims, the certificate route is straightforward. Your solicitor will prepare the paperwork and file everything correctly. If no suitable person exists at all, the court can direct the Official Solicitor to take on the role.
What does a litigation friend actually do?
The title may sound daunting, but in practice your solicitor handles the legal work. Your role is to act as the bridge between the injured person and the legal team.
As a litigation friend, your key responsibilities include:
- Instructing the solicitor on behalf of the child or protected party
- Making important case decisions, such as whether to accept or reject settlement offers and approving the legal strategy
- Attending meetings with the legal team when needed
- Keeping the injured person’s best interests at the centre of every decision
Acting in the person’s best interests means considering their wishes and feelings where possible, weighing the long-term impact of decisions, and choosing the option that benefits them rather than anyone else involved. The court takes this obligation seriously.
If a conflict of interest develops during the case, you have a duty to notify the court immediately. The same applies if your own circumstances change in a way that affects your ability to act.
You will not need to attend court hearings in most cases. Your solicitor represents the claim. You are the decision-maker behind the scenes, not the advocate in the courtroom.
Court approval of settlements: why no deal is final without it
Even if both sides agree on a settlement figure, it has no legal force until a judge approves it. This is one of the most important protections in the system.
Under CPR 21.10, no settlement involving a child or protected party is valid without court approval. The rule exists to protect vulnerable people from accepting too little compensation for their injuries.
The approval hearing follows the Part 8 procedure. Your legal team will prepare a barrister’s opinion on the merits and value of the claim, along with up-to-date medical evidence and financial evidence setting out the losses. Form N292 is filed with the court as part of this process.
The judge considers whether the settlement amount is reasonable given the nature of the injuries, the long-term prognosis, and the legal merits of the case. The judge acts as an independent check, and it is not uncommon for a judge to reject a proposed figure and send the parties back to negotiate further.
Once approved, what happens to the money depends on who the claimant is. For children, the funds are paid into a court special account, which earns a variable rate of interest (currently 3.75%, though this changes periodically), and held there until the child turns 18. For protected parties, a Court of Protection deputy may be appointed to manage the funds. A 2023 reform raised the CoP deputy threshold from £50,000 to £100,000, meaning mid-range settlements can use simpler arrangements without a formal deputyship.
Costs, liability, and insurance
When you sign the certificate of suitability, you undertake to pay any costs the court orders against the child or protected party. Understandably, this is the part that causes the most concern.
In personal injury claims, most cases run on a no-win-no-fee basis through a conditional fee agreement (CFA). If the case is lost, you typically owe nothing to your own solicitor under the terms of that agreement.
After-the-event (ATE) insurance covers the risk of paying the other side’s costs. Your solicitor will arrange this policy at the outset. ATE insurance pays the opponent’s costs if the claim fails, and premiums are recoverable.
Under CPR 21.12, a litigation friend can also recover reasonable expenses incurred in carrying out the role, such as travel costs or time taken off work for meetings with the legal team.
One point to be aware of: your costs liability continues until you formally serve notice ending your role as litigation friend. It does not end when the case concludes. Your solicitor will handle this formal step for you. Between the CFA and ATE insurance, out-of-pocket financial exposure in a funded personal injury claim is minimal.
When does the role end?
Being a litigation friend is not a permanent commitment. The role ends in several defined situations.
- Child turns 18. The child gains full legal capacity and can decide whether to continue the claim in their own name or take over conduct of it. A formal handover process takes place at this point.
- Protected party regains capacity. If medical evidence confirms that the protected party has regained the capacity to manage their own litigation, the court removes the litigation friend.
- Case concludes. Once the court has approved the settlement and the funds have been distributed, the role ends.
- Replacement needed. If a litigation friend can no longer act, whether because a conflict of interest has developed or because of their own health issues, the court appoints a replacement under CPR 21.9.
Formal notice must be served to end the role. It does not end informally, and your costs liability continues until proper notice is filed with the court.
How we can help
At Osbornes Law, our personal injury team regularly acts for children and protected parties in claims across London and beyond. We understand that stepping into the role of litigation friend can feel overwhelming, particularly when you are already worried about the person you care for.
Our solicitors handle the legal paperwork, prepare your certificate of suitability, and guide you through every decision. We manage the court approval process for settlements, arrange ATE insurance, and deal with the Court of Protection where needed. We run these cases on a no-win-no-fee basis, so there is no upfront cost to you or the person you are acting for.
We will make sure you understand your responsibilities, protect the injured person’s best interests, and fight for the compensation they deserve. Contact us by calling 020 7485 8811 or filling in our online enquiry form.
Frequently asked questions
Do I need a solicitor to act as a litigation friend?
No legal qualification is required. However, the litigation friend works alongside a solicitor who manages the legal aspects of the claim. The solicitor provides legal advice and represents the case. Your role is to instruct the solicitor and make key decisions on behalf of the child or protected party.
Can I be a litigation friend if the accident happened in my care?
Generally, no. Under CPR 21.4(3), a litigation friend must have no adverse interest. If the injury occurred while the child or protected party was in your care, and you could potentially be named as a defendant, you have a conflict of interest that disqualifies you. Another family member, friend, or the Official Solicitor would need to take on the role instead.
Will I be personally liable if the case is lost?
In theory, the certificate of suitability includes a costs undertaking. In practice, personal injury claims typically run on a no-win-no-fee (CFA) basis, meaning you owe nothing to your own solicitor if the case is unsuccessful. After-the-event (ATE) insurance covers the risk of paying the other side’s costs. Your solicitor will put this protection in place at the start of the claim.
Does the settlement need court approval even if both sides agree?
Yes. Under CPR 21.10, every settlement involving a child or protected party must be approved by a judge, regardless of whether both parties have agreed the figure. The judge independently assesses whether the amount is fair and reasonable. This safeguard protects vulnerable claimants from accepting too little.
What happens to the compensation money after court approval?
For children, the money is paid into a court special account where it earns a variable rate of interest (currently 3.75%) until the child turns 18. For protected parties, the court may appoint a Court of Protection deputy to manage the funds, or approve other arrangements depending on the size of the settlement. The 2023 reforms raised the threshold for requiring a formal deputyship from £50,000 to £100,000.
Can the child access the money before turning 18?
In limited circumstances, yes. An application can be made to the court to release funds early for specific purposes, such as education costs, specialist equipment, or therapeutic treatment that would benefit the child. The court will only approve early release if it is in the child’s best interests. Routine living expenses are not usually considered a valid reason for early access.
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Rob Aylott is adept at handling sensitive and complex catastrophic injury claims.
The team offers specialist expertise in cycling-related injury claims and regularly acts for foreign nationals.
It has considerable experience in cases arising from motor accidents and accidents at work.
Osbornes has a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims, including fatalities and severe injuries regarding the brain and spinal cord.
Osbornes have expert leadership. They are very client-centred and provide great communication.
They have got a team of strong partners who are experienced and capable, and their lawyers have a can-do attitude and don't seem to be fazed by anything.
They grasp complex and sophisticated matters quickly.
From partners to associates, the lawyers are committed to ensuring a successful outcome for every client.
They have intelligent, experienced lawyers who advise their clients very carefully.
Osbornes deal with their clients in a very professional manner, attempting to get the best results at all times.
Sam Collard, head of cycling, specialises in severe injury and fatal accident cases.
Rob Aylott leads on amputation disputes, often working with major trauma units.
Department head Sophie Davies handles severe injury and fatality matters with a focus on early rehabilitation.
Ben Posford, head of catastrophic injury, is well-known for spinal cord and cauda equina claims, including high-profile fatality work.
Osbornes fields a specialist personal injury team with standout expertise in catastrophic trauma, regularly securing multimillion-pound settlements in spinal, brain, and amputation cases.
Excellent firm with a good insight into and prosecution of catastrophic PI work handled by an experienced team.
Without doubt, Osbornes are the firm to watch in London.
This team is growing in profile all the time. The firm now has many of London's leading personal injury solicitors.
The file handlers I have worked with are experienced and expert personal injury practitioners who can be relied upon to achieve excellent outcomes for the client.
They are very supportive of their clients and are willing to take on difficult cases.
This team is very well organised and approach their cases with great attention to detail.
They have particular expertise in dealing with Eastern European clients who speak little or no English as they have native speakers within their team.
Osbornes is a excellent firm for high value and complex personal injury work.
Osbornes Law is a really strong team with a lot of depth.
Osbornes work professionally as a team, responding diligently to emails or telephone calls.
Osbornes fields a solid team of high quality practitioners, active in a range of catastrophic injury claims.
Osbornes clients are individuals whose cases are treated with the focus required when dealing with life changing injuries.
Fielding a ‘first class, very well resourced’ team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims, representing both domestic and international claimants.
Osbornes is an excellent firm, made up of lawyers with flair and pedigree.
Osbornes lawyers are smart, well trained, experienced and well managed.
Osbornes personal injury practice is first class; very well resourced and second to none.
Osbornes is becoming one of the top players in the claimant personal injury market. A large team with a great number of very high quality solicitors.
Osbornes is a highly proficient serious injury firm. They bring all the benefits of the biggest firms in the market but none of the downsides.
Their team includes bright, hard-working solicitors dedicated to achieving successful outcomes for their clients from partner level to paralegal. Their client care is exceptional.
They are a team who are highly respected in the PI sector.
This is an excellent PI team doing a broad range of PI work.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims, with notable strength in acting for European clients for whom English is not a first language.
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims
Osbornes’ ‘highly respected‘ personal injury team is experienced in a range of complex, high-value claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Ben Posford is one of London’s best catastrophic injury lawyers, in my view. He is a real brain injury specialist.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
