Litigation friends
Duties
You must 鈥榙irect the proceedings鈥� on behalf of the other person if you鈥檙e their litigation friend. This means you鈥檒l:
- make decisions in their best interests
- do everything you can to tell them what鈥檚 happening in the case and find out their wishes and feelings
- talk to their solicitor about what鈥檚 happening, get advice from them and give instructions to them in the other person鈥檚 best interests
- pay any costs ordered by the court
Civil cases: settlement hearings
If the person鈥檚 going to be paid money to settle the case, there鈥檒l be a hearing to approve the settlement.
You鈥檒l need to fill in and bring:
- form CFO 320 if they鈥檙e a child - also bring the 肠丑颈濒诲鈥檚 original birth certificate or a certified copy
- form CFO 320 PB if they鈥檙e an adult and the money is going in to a Court Funds Office (CFO) account
Read guidance on CFO accounts and investments for help with the forms.
After the court case
Your role usually ends after the court case, unless you鈥檙e the litigation friend of someone awarded money that鈥檚 going into a CFO account.
You鈥檒l need to remain the contact for a 肠丑颈濒诲鈥檚 CFO account until they turn 18 or the court directs that the money is paid out. If you cannot carry out this role, you鈥檒l need to be replaced as a litigation friend.
If you鈥檙e the deputy of an adult awarded more than 拢50,000 into a CFO account, you鈥檒l need to manage the account for them. The Court of Protection may agree that a deputy is not needed.
Civil cases: expenses
You can apply to the court to be paid back any expenses you鈥檝e had while acting as litigation friend. This can include the premium for a court costs insurance policy or the interest on a loan taken out to pay for a costs insurance policy.
Write to the judge in charge of your case giving details of what you spent and when. Include your receipts. The court will check whether your expenses are reasonable.