What does a litigation friend do in an injury claim?

Updated: 17 Oct, 2025
By Chris Salmon

If a child (under 18 years old) or a vulnerable adult wishes to make an injury claim, they will need a litigation friend to represent them. A litigation friend is most commonly a parent or guardian if the claimant is a child, but they can also be a relative, friend, or a professional such as a social worker.

At a glance

• A litigation friend acts on behalf of a child or vulnerable adult making a claim.
• They liaise with solicitors, attend meetings, and make decisions in the claimant's best interests.
• Settlements must be approved by the court, even if accepted by the litigation friend.
• The Official Solicitor may step in if no suitable litigation friend is available.
• The role ends when the case concludes or the child turns 18.
• Thousands of personal injury claims each year involve children or vulnerable adults who require a litigation friend (Source: Civil Procedure Rules, Part 21)

The role of a litigation friend

The main role of a litigation friend is to act on a claimant's behalf. It is the litigation friend who will liaise with the claimant’s solicitor during the claim process and make decisions in the best interests of the claimant, including:

• Liaising with legal representatives and making decisions about the claim
• Signing and approving legal documentation
• Attending meetings with solicitors and barristers
• Ensuring the claimant attends any medical appointments needed to support the case
• Explaining the process to the claimant in a way they can understand

If the case goes to court, a litigation friend will be required to sign a Certificate of suitability to be a litigation friend. This document must then be filed with the court.

A litigation friend must always act in the claimant’s best interests. If a settlement is offered, it is their responsibility to decide whether to accept it. Even if accepted, the settlement must still be approved by the court. The litigation friend will usually attend a hearing and may be required to bring documents such as the claimant’s birth certificate.

If an under-18 worker or protected adult is claiming, a litigation friend makes decisions for them. Keep records of care and costs. This essential support can help the claim move forward.

John Kushnick

Legal Operations Director
National Accident Law

What if there is no one suitable to act?

If there is nobody suitable or willing to act as a litigation friend, it is possible to apply to the Official Solicitor to the Senior Courts for help with representation. This ensures that children and vulnerable adults are not left without legal support.

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When do the responsibilities end?

A litigation friend will be responsible for the claimant until the end of the case, or until a child turns 18. Outside the parameters of the claim, a litigation friend has no legal authority over the claimant.

If a litigation friend is unable or unwilling to continue in their role, they can be replaced, but the court must approve the substitute person.

Acting as a litigation friend is an essential safeguard to make sure that vulnerable or young claimants can access justice and receive fair outcomes.

About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

More about Chris and WAAC

Last reviewed October 2025 by Chris Salmon

External references

• GOV.UK: Litigation friends - explains the role and responsibilities of a litigation friend for children or adults lacking mental capacity in legal proceedings.
• GOV.UK: Compensation after an accident or injury - provides guidance on the claims process, including the role of litigation friends in personal injury cases.
• Mental Capacity Act 2005 - outlines the legal framework for determining mental capacity, relevant for appointing litigation friends for protected parties.
• Civil Procedure Rules: Part 21 - details the legal requirements for litigation friends in civil claims, including the certificate of suitability process.