Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Protected party definition

What does Protected party mean? A protected party is a litigant who lacks the mental capacity to conduct court proceedings and therefore acts through a representative (a litigation friend or guardian ad litem), with additional procedural safeguards. In England and Wales, the term is defined in CPR 21.1(2)(d) by reference to the Mental Capacity Act 2005: a party or intended party who lacks capacity to conduct the proceedings. A protected party must have a litigation friend; steps such as service, settlement, discontinuance and payment out are governed by Part 21 and often require court approval. In Scotland, the label is not used; the equivalent concept is an...

Capacity to Conduct Civil Litigation in England and Wales: MCA 2005 Principles, Case Law, Litigation Friends, Settlements, Limitation, Costs and Reform

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Practice notes

When guiding an older or at-risk person on any litigation matter, it is crucial to assess at the outset whether they possess the capacity to pursue and manage proceedings effectively.

Under the Mental Capacity Act 2005 (MCA 2005), anyone who lacks the ability to conduct the case falls within the statutory definition of lacking capacity and, since 1 October 2007, is referred to as a 'protected party'.

Where a claim is issued by, on behalf of, or against a protected party, no settlement, compromise, or payment, and no acceptance of money paid into court, is effective or valid, insofar as it concerns the claim by, on behalf of, or against that person, unless and until the court approves it.

Principles of capacity under MCA 2005

Before turning to the specific rules and case law concerning capacity to litigate, it is helpful to note the relevant general principles of capacity under MCA 2005:

MCA 2005, s 1(2) states that a person is to be treated as having capacity unless it is established that they lack it...

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Web page updated on 21/05/2026

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