Stop being a litigation friend

You鈥檒l usually stop being a litigation friend when:

  • the case ends, unless you鈥檙e litigation friend for a child and they鈥檝e been given a settlement
  • the child turns 18
  • the adult who did not have mental capacity recovers or gets mental capacity
  • you or someone else applies to the court for a replacement litigation friend

If you鈥檙e litigation friend for a child

If the case has already been settled and you鈥檙e managing a Court Funds Office account on the child鈥檚 behalf, the Court Funds Office will write to them and explain how they can get their money.

When a child turns 18 during the court case, they must write a statement telling the court and everyone involved in the case:

  • they鈥檝e turned 18
  • you鈥檝e stopped being their litigation friend
  • they are or are not going to carry on with the legal case
  • their address so documents can be sent to them

They must file the statement with the court and give a copy to everyone involved in the case.

When the adult recovers or gets mental capacity

You, as the litigation friend of someone who recovers mental capacity, or the person themselves can apply to the court for an order to stop you acting as litigation friend.

You or they must include:

  • medical evidence that they鈥檝e recovered capacity
  • any Court of Protection orders or declarations

Then they must write a statement telling the court and anyone involved in the case:

  • you鈥檝e stopped being their litigation friend
  • they are or are not going to carry on with the legal case
  • their address so documents can be sent to them

They must file the statement with the court and give a copy to everyone involved in the case (鈥榮erve鈥� it).

In a civil case, the person must serve the statement within 28 days from when you stopped being their litigation friend. If they do not, anyone involved in the case can make an application to have their case dismissed.