Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Official Solicitor definition

What does Official Solicitor mean? A court-appointed lawyer who steps in as the litigation friend of last resort to conduct proceedings for a person who lacks mental capacity (and, in limited cases, for a child) where no suitable relative, professional, public body or agency is able and willing to act. In England and Wales, the Official Solicitor to the Senior Courts is an officer of the court. Appointment and functions arise from the Civil Procedure Rules (Part 21), Family Procedure Rules, the Mental Capacity Act 2005 and Court of Protection Rules, alongside the court’s inherent jurisdiction. The Official Solicitor acts independently, usually only...

Appointing the Official Solicitor as Litigation Friend in Family Proceedings: Criteria, Procedure, Capacity and Security for Costs (England and Wales)

Published by a LexisNexis Family expert

Practice notes

Practice Note

This Practice Note sets out guidance on when it is proper for the Official Solicitor to be named as Litigation friend in family proceedings, together with the criteria, requirements and process for making such an appointment. It further considers funding arrangements and liability for Costs. The Official Solicitor is an officer of the Supreme Court, appointed by the Lord Chancellor. The Official Solicitor’s team comprises seasoned solicitors who specialise in Court of Protection matters and in representing children and individuals who lack capacity in legal proceedings, but only where no other suitable person or Agency is available to assume this role. Where an application seeks the Official Solicitor’s appointment as litigation friend, adequate security must be arranged for the costs of legal representation of the protected party, to the Official Solicitor’s satisfaction. Moreover, the Official Solicitor will be appointed solely as a measure of last resort, where no one else is willing to act as litigation friend, or in truly exceptional circumstances. No individual, including the Official Solicitor, can be appointed to act as litigation friend without their consent. Additional criteria, as indicated below, must also be met and satisfied before any such appointment can properly be made in...

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Web page updated on 21/05/2026

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