A litigation friend conducts a court claim for a child, or for an adult who lacks capacity to conduct it. In England and Wales they must be able to conduct the claim fairly and competently, have no interest adverse to the person and, for a claimant, undertake to pay any costs the claimant is ordered to pay. You become one by filing a certificate of suitability, form N235 (with the claim form, for a claimant), or by a court order; a deputy with power to conduct the claim files the Court of Protection order instead. The role ends when a child turns 18 or, for an adult who regains capacity, when the court ends it.
A child, or an adult who lacks capacity to conduct a claim, normally needs a litigation friend: an adult who makes the decisions about the claim in their best interests, instructs the solicitor and deals with the court.
This guide explains Part 21 of the Civil Procedure Rules and the GOV.UK guidance for England and Wales, as of 28 September 2026. It is general information, not legal advice. Once a claim settles, the court must also approve the settlement; see claiming for a child or dependant.
Who needs a litigation friend
Rule 21.2 covers two groups:
- A protected party, meaning a party or intended party who lacks capacity to conduct the proceedings within the meaning of the Mental Capacity Act 2005, must have a litigation friend.
- A child, anyone under 18, must have a litigation friend unless the court makes an order allowing the child to conduct the proceedings without one.
The Act starts from the principle that a person must be assumed to have capacity unless it is established that they lack it. A person lacks capacity in relation to a matter if, at the time, they cannot make a decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain, whether permanent or temporary.
Timing matters. Until a child or protected party has a litigation friend, nobody may take a step in the proceedings, other than issuing and serving the claim form or applying for a litigation friend, without the court's permission, and any step taken before then has no effect unless the court orders otherwise (rule 21.3). The claim title then names both people: "[name] (a child) by [name] as litigation friend".
Who can be a litigation friend
GOV.UK says the court can appoint anyone, for example a parent or guardian, a family member or friend, a solicitor, a professional advocate, a Court of Protection deputy or someone with a lasting or enduring power of attorney.
Without a court order, a person may act if they:
- can fairly and competently conduct the proceedings on behalf of the child or protected party;
- have no interest adverse to that of the child or protected party; and
- where the child or protected party is the claimant, undertake to pay any costs the claimant is ordered to pay, subject to any right to be repaid from the claimant's assets.
A Court of Protection deputy with power to conduct proceedings for the protected party is entitled to be their litigation friend in any proceedings to which that power extends (rule 21.4(2)). If nobody suitable is willing, GOV.UK says the Official Solicitor will act if there is money available to pay his costs, for example legal aid, and, for an adult, the person's doctor or another medical professional confirms that they lack capacity to manage the case.
How to become a litigation friend
There are three routes. The checker below shows which one fits your case.
| Route | What you file | When |
|---|---|---|
| Certificate of suitability | Form N235, verified by a statement of truth, and a certificate of service (form N215) | With the claim form for a claimant; when you first take a step for a defendant |
| Court of Protection deputy | An official copy of the order that gives you power to conduct proceedings | With the claim form for a claimant; when you first take a step for a defendant |
| Court order | An application under Part 23, with evidence that the proposed litigation friend meets the three conditions | At any time during the case |
The certificate states that you agree to act, that you know or believe the person is a child or lacks capacity to conduct the proceedings (giving the grounds for an adult), and that you meet the three conditions (rule 21.5). Serve it on the people who would be served with a claim form under rule 6.13: for a child, a parent or guardian or, if there is none, the adult the child lives with or who cares for them; for an adult, a registered attorney or deputy or, if there is none, the adult they live with or who cares for them, and GOV.UK says the adult as well. If your belief about capacity rests on an expert's opinion, serve a copy of it. GOV.UK adds that the solicitor usually files the forms, but you can do it yourself if there is no solicitor yet.
Litigation friend route checker
Indicative only, from the Civil Procedure Rules, the Mental Capacity Act 2005, GOV.UK, the Scottish legislation cited here and nidirect as published on 28 September 2026. It is not legal advice. Nothing you enter leaves your browser.
What a litigation friend does
GOV.UK describes the role as directing the proceedings on the other person's behalf. You:
- make decisions in their best interests;
- do everything you can to tell them what is happening and find out their wishes and feelings;
- talk to their solicitor, get advice and give instructions in their best interests; and
- pay any costs ordered by the court.
You go to court for any hearing, but you cannot act as the person's lawyer, and you cannot settle the claim on your own authority: no settlement or payment for a child or protected party is valid without the court's approval (rule 21.10). For a child, GOV.UK says to bring form CFO 320 and the birth certificate to the settlement hearing, and to stay the contact for any Court Funds Office account until the child turns 18 or the court directs that the money is paid out.
Costs risk and expenses
The costs undertaking in rule 21.4(3) applies when the child or protected party is the claimant: you undertake to pay any costs the claimant is ordered to pay, subject to any right to be repaid from the claimant's assets. In a claim for damages for personal injuries, qualified one-way costs shifting generally means that costs orders against the claimant can be enforced without the court's permission only up to the total of the damages, costs and interest ordered or agreed in their favour (rules 44.13 and 44.14); see QOCS and after the event insurance.
A former litigation friend's liability for costs continues until the young person or adult serves the notice described below, or until the former litigation friend serves notice that their appointment has ended (rule 21.9(7)).
You can apply to recover costs and expenses you incur from the money recovered, so far as they were reasonably incurred and are reasonable in amount, including all or part of a costs insurance premium or interest on a loan taken out to pay one (rule 21.12). GOV.UK says to write to the judge with details of what you spent and when, with your receipts.
When the role ends
- A child turns 18. The appointment ends automatically (rule 21.9(1)). If the claim is still running, the young person must serve notice on the other parties stating that the appointment has ended, giving an address for service and saying whether they will carry on; the notice must say that they have reached 18 and be signed personally. If it is not served within 28 days after the appointment ends, the court may, on application, stay or strike out the claim.
- An adult regains capacity. The appointment continues until the court ends it by order, on an application by the person, the litigation friend or a party (rule 21.9). GOV.UK says to include medical evidence that they have recovered capacity.
- The court replaces you. The court can direct that a person may not act as a litigation friend, end an appointment or appoint someone else, on an application supported by evidence (rule 21.7).
Scotland and Northern Ireland
The Civil Procedure Rules, including Part 21, apply in England and Wales. In Scotland, a child under 16 has no legal capacity to enter into any transaction, which includes bringing, defending or taking any step in civil proceedings, and a parent has the right to act as the child's legal representative. A person of 16 or over has legal capacity. The Age of Legal Capacity (Scotland) Act 1991 also keeps the court's power to appoint a curator ad litem to a person under 16 in civil proceedings. See making a claim in Scotland.
Part 21 does not apply in Northern Ireland either. For money a court awards to a minor, nidirect says the Court Funds Office holds and manages it and the court appoints a guardian to act for the minor. See making a claim in Northern Ireland.
Frequently asked questions
What is a litigation friend?
Someone who conducts a court claim for a child or for an adult who lacks capacity to conduct it, making decisions in their best interests and instructing their solicitor. Under Part 21 of the Civil Procedure Rules a protected party must have one, and so must a child unless the court orders otherwise.
Who can be a litigation friend?
Anyone who can conduct the claim fairly and competently and has no interest adverse to the person, and who, for a claimant, undertakes to pay any costs the claimant is ordered to pay. GOV.UK gives examples such as a parent, a friend, a solicitor, a deputy or an attorney.
How do I become a litigation friend?
File a certificate of suitability, form N235, and a certificate of service: with the claim form for a claimant, or when you first take a step for a defendant. A deputy files the Court of Protection order instead, and anyone involved can ask the court to appoint one.
Is a litigation friend liable for costs?
For a claimant, you undertake to pay any costs the claimant is ordered to pay, subject to any right to be repaid from their assets. In a personal injury claim, qualified one-way costs shifting generally limits what can be enforced to the damages, costs and interest in their favour.
When does a litigation friend's role end?
When a child reaches 18 the appointment ends automatically, and the young person must serve notice within 28 days if the claim is still running. For an adult who regains capacity it continues until the court ends it by order.
Can a litigation friend claim expenses?
Yes, on application, from the money recovered, if they were reasonably incurred and are reasonable in amount. GOV.UK says to write to the judge with details and receipts.
Official sources for the rules
- Civil Procedure Rules, Part 21: rules 21.1 to 21.9 and 21.12, on justice.gov.uk
- GOV.UK: litigation friends: duties, who can act, applying and stopping
- GOV.UK: form N235: the certificate of suitability of litigation friend
Related guides: claiming for a child or dependant, brain injury claims, QOCS, no win no fee and choosing a solicitor.
Official sources used for this guide: Civil Procedure Rules, Part 21; Part 6; Part 44; Mental Capacity Act 2005, section 2; GOV.UK: litigation friends; Form N235; Age of Legal Capacity (Scotland) Act 1991, section 1; nidirect: compensation awarded to a minor. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.