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Litigation friend definition

What does Litigation friend mean? A litigation friend is the person who conducts court proceedings on behalf of a child (minor) or an adult who lacks capacity to litigate. In England and Wales, the role is created by the Civil Procedure Rules, Part 21, which require a litigation friend for any “child” or “protected party” (capacity assessed under the Mental Capacity Act 2005). The litigation friend gives instructions to solicitors and counsel, signs statements of truth, makes procedural decisions, and may compromise claims; any settlement or judgment for a child or protected party generally needs court approval. To be appointed, the person must...

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Precedent Particulars of Claim: Injuries from Care Home Falls—Clinical Negligence, Risk Assessment and Prevention Failures (England and Wales)

Precedents
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IN THE [ COUNTY COURT AT [ Insert ] OR HIGH COURT ]

Claim Number: [ Insert claim number ]

Parties: [ Insert name of Claimant ] Claimant [ (a patient, by his son and Litigation friend XX (insert name of LF)) ] -and- [ Insert name of Defendant ] Defendant

Particulars of claim (CLINICAL Negligence)

The parties
  1. Throughout the relevant period, the Claimant, a patient, received nursing and Personal care from the Defendant, delivered by its staff and authorised agents.
  2. During all material times, the Defendant ran, managed and administered a residential care home known as [ Insert care home name ], located at [ Address ] (‘the care home’)...
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Catriona Stirling
Catriona Stirling

Catriona is a barrister specialising in the areas of personal injury and clinical negligence, public law and human rights, and employment and equality law....

Web page updated on 22/05/2026

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