Litigation Friend

What is a Litigation Friend?

A Litigation Friend conducts legal proceedings on behalf of someone who lacks the capacity to do so. This includes instructing a solicitor. Sometimes an Independent Advocate can act as a Litigation Friend as they know the person well and are willing to represent them.

The Litigation Friend will put forward the person’s views and wishes in court proceedings via their solicitor.

Who can be a be a Litigation Friend?

The court can appoint anyone to be a litigation friend, for example:

  • A parent or guardian
  • A family member or friend
  • A solicitor
  • A professional Advocate such as an Independent Mental Capacity Advocate (IMCA)
  • A Court of Protection deputy
  • Someone who has a lasting or enduring Power of Attorney

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