Sometimes, life throws us into unexpected situations. One moment everything is normal, and the next, someone you care about is injured or seriously unwell—and they need help with a legal claim. But what happens when they can't manage that process on their own?

That’s where you might come in—as their litigation friend.

This simply means acting on someone else’s behalf in a legal case. You don’t need to be a lawyer, and you won’t be on your own. You just need to be someone they trust—someone who’s willing to help them get the support and justice they deserve.

What Is a Litigation Friend?

A litigation friend is a person who makes legal decisions for someone who can’t make those decisions themselves. This could be because:

•    They’re a child (under 18), or
•    They’re an adult who lacks mental capacity—which might be due to a brain injury, learning difficulty, dementia, or a serious mental health condition.

You act as their voice in legal proceedings. You speak with the solicitor, make choices about the case, and ensure that everything is done in their best interests.

Think of it like this: if someone can’t safely or fully manage a legal process themselves, a litigation friend steps in—not to take over all of their decision making, but to help with just this one, important process.

Who Might Need One?

Let’s take two real-life fictional examples:

Case Study: Jake, Age 11

Jake is walking home from school when he’s hit by a car. He suffers a broken leg, misses weeks of school, and is left with ongoing pain. Because he’s under 18, he can’t bring a legal claim on his own. His mum becomes his litigation friend. She works with the solicitor, helps gather medical evidence, and decides whether a compensation offer is fair.

Case Study: Sam, 34

Sam falls from scaffolding at work and suffers a serious brain injury. He struggles to understand complex decisions and needs support with everyday tasks. His sister becomes his litigation friend and helps him bring a claim against his employer. She stays in touch with the solicitor and helps manage the claim until Sam recovers enough to take over - or until the case ends.

Who Can Be a Litigation Friend?

The law says you can be a litigation friend if you:

•    Are 18 or older
•    Can make fair and appropriate decisions for the person
•    Have no personal interest in the case that would get in the way (you must be neutral and not benefit personally)
•    Are willing to act and complete a court form (called Form N235, the Certificate of Suitability)
Litigation friends are often:
•    Parents or carers
•    Adult siblings or other relatives
•    Close friends
•    Occasionally, professionals or social workers

What Are Your Responsibilities?

Being a litigation friend doesn’t mean you suddenly become a lawyer—but it does come with some important responsibilities. Here’s what you’ll be expected to do:

1. Act in Their Best Interests

Every decision must be made with their welfare in mind—not yours. Ask yourself: “What outcome would help them most?” That includes thinking about their health, their financial needs, their independence, and their future.

2. Work Closely with the Solicitor

You’ll be the main point of contact with the legal team. The solicitor will guide the case, but you’ll help provide information, give instructions, attend meetings, and sign important documents.

For example, if a doctor’s report needs approval or new evidence is required, the solicitor will come to you for help getting it done.

3. Understand the Advice You’re Given

You don’t have to be an expert—but it’s important to read legal letters and advice carefully. If something doesn’t make sense, it’s okay to ask. Making an informed decision means knowing the options and the possible risks.

4. Stay Involved Throughout the Case

Some cases can take many months - or even years - to resolve. It’s important to stay available, respond to the solicitor when needed, and keep the person you’re helping at the centre of your decisions. This can be demanding, especially if you’re also caring for them, but you’ll have support.

5. Consider Settlement Offers Carefully

If the other side makes an offer to settle the case, you’ll help decide whether to accept it. The solicitor will explain what it means and whether it’s a good offer. The court must also agree that any settlement is fair—especially in cases involving children or people who lack capacity.

6. Keep Everything Honest and Transparent

If the person’s condition changes—for example, they regain capacity to handle their own claim—you must tell the solicitor and the court. Being a litigation friend is about doing the right thing, even if that means stepping back.

How Long Will I Be a Litigation Friend?

Your role continues until either:
•    The case is finished (through settlement or a court judgment)
•    The person turns 18 (if they were a child)
•    They regain mental capacity and can manage the case themselves
In some cases - especially where a large amount of compensation is awarded and the person can’t manage this sum of money - you may continue to help with the management of the funds.

Will I Have to Pay Anything?

Generally, no—you won’t have to pay legal fees yourself. But you are taking responsibility for funding of the legal claim on the person’s behalf. You are ‘standing in their shoes’.
In most personal injury or medical negligence cases, your legal costs are covered by:

•    The other side, if the case is successful they will pay the majority of your legal costs
•    A Conditional Fee Agreement (often called “no win, no fee”) to cover your solicitor’s legal fees
•    Legal expenses insurance (called After The Event insurance) to cover your other expenses and protect you against the risks of paying further fees

You should always ask the solicitor to explain how the legal costs will be funded, and whether there will be any deductions from the compensation.
Where a litigation friend is required, after a settlement the Court also needs to approve any deductions to be made from the compensation. This provides extra protection to ensure that they are fair.

How Do I Officially Become a Litigation Friend?

To be approved by the Court, you’ll need to complete a form: the Certificate of Suitability (Form N235). It confirms that:

•    You’re suitable and willing to act
•    You have no conflict of interest
•    You understand the responsibilities involved

The Court will check and approve this before Court proceedings start.

In Summary

Acting as a litigation friend is a serious job—but also a very meaningful one. You’re helping someone get justice, compensation, and the support they need to rebuild their life.

You don’t have to have all the answers. What matters most is that you care, that you’re honest, and that you’re willing to speak up for someone who can’t do it alone.

If you ever feel unsure, ask questions. Your solicitor is there to guide you. They’ll explain what’s needed and help you every step of the way.
The Court is there to protect the person at the heart of the case. And you are there to be their voice in the legal process.