Litigation friends
Stop being a litigation friend
You’ll usually stop being a litigation friend when:
- the case ends, unless you’re litigation friend for a child and they’ve 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’re litigation friend for a child
If the case has already been settled and you’re managing a Court Funds Office account on the child’s 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’ve turned 18
- you’ve 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’ve 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’ve 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 (‘serve’ 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.