Summary Civil Litigation UNIT 8 - Defences, Default Judgements, and Relief from Sanctions
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Course
BPC
Institution
BPC
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7. Children and Protected Parties
Includes:
- What is a Litigation Friend?
- When is a Litigation Friend Necessary?
- Settlements and Payments (PD 21.5+6)
- Who can be a Litigation Friend?
What is a Litigation Friend?
A litigation friend is someone who acts on behalf of a child or protected party
during court proceedings.
- A ‘child’ is anyone under 18.
- A ‘protected party’ refers to a party who lacks the capacity to conduct
proceedings.
- In proceedings, they are written as [name] (a child/ protected party)
by [name] as a litigation friend.
Under CPR 21.1:
(1) Any protected party must have a litigation friend to conduct
proceedings on their behalf.
(2) A child must also have proceedings conducted on their behalf by a
litigation friend, unless the court orders otherwise.
- An order of this nature is made upon application by the child.
- If the child already has a litigation friend, they must serve notice of
this application on the litigation friend; or
- If the child does not have a litigation friend, without notice.
- If the court makes an order of this nature but later changes its mind, the
court has the right to appoint a person to be the child’s litigations friend.
When is a Litigation Friend Necessary?
21.3 A litigation friend becomes necessary immediately after the issuing and
serving of a claim form.
- The only action that can be taken after this, without the court’s permission, is
applying for the appointment of a litigation friend.
Settlements (PD 21.5+6)
21.10 Where a claim is made by or against a child or protected party, no settlement,
comprise, or payment can be made or accepted on behalf of a child/ protected
party without the approval of the court.
PD21.5 Where a settlement is agreed before the issue of proceedings and the
approval of the court is sought, the claim must state:
(a) The terms of the settlement;
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