3. Who can be a litigation friend

The court can appoint anyone to be a litigation friend, for example:

Suitability

The court will check you’re suitable by making sure:

  • your interests don’t conflict with theirs
  • you can make decisions about the case in a fair and competent way

You must fill in a certificate of suitability if you’re applying be someone’s litigation friend.

If there’s no one suitable to be litigation friend

The Official Solicitor will act as a litigation friend if:

  • nobody else is suitable and willing to be litigation friend
  • there’s money available to pay the Official Solicitor’s costs, eg legal aid
  • the person’s doctor or another medical professional, eg their psychiatrist confirms they lack capacity to manage the case (unless they’re a child)

The court will appoint the Official Solicitor - if he agrees - at the relevant time.

Contact the relevant section of the Official Solicitor’s office if you have a query about his involvement in a case.

The Official Solicitor
Telephone: 020 3681 2750 (civil cases)
Telephone: 020 3681 2754 (family cases - private law)
Telephone: 020 3681 2755 (family cases - public law)
Telephone: 020 3681 2751 (Court of Protection cases)
Monday to Friday, 9am to 5pm
Find out about call charges

Victory House
30-34 Kingsway
London
WC2B 6EX