Litigation friends
Duties
You must ‘direct the proceedings’ on behalf of the other person if you’re their litigation friend. This means you’ll:
- make decisions in their best interests
- do everything you can to tell them what’s happening in the case and find out their wishes and feelings
- talk to their solicitor about what’s happening, get advice from them and give instructions to them in the other person’s best interests
- pay any costs ordered by the court
Civil cases: settlement hearings
If the person’s going to be paid money to settle the case, there’ll be a hearing to approve the settlement.
You’ll need to fill in and bring:
- form CFO 320 if they’re a child - also bring the child’s original birth certificate or a certified copy
- form CFO 320 PB if they’re 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’re the litigation friend of someone awarded money that’s going into a CFO account.
You’ll need to remain the contact for a child’s CFO account until they turn 18 or the court directs that the money is paid out. If you cannot carry out this role, you’ll need to be replaced as a litigation friend.
If you’re the deputy of an adult awarded more than £50,000 into a CFO account, you’ll 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’ve 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.