The short answer is yes (in certain circumstances). Someone may make a claim for discrimination on behalf of a minor or a protected party, acting as their ‘litigation friend’. A minor is anyone under the age of 18 and a protected party is someone who “lacks capacity to conduct the proceedings independently”.

What Does A Litigation Friend Do?

The role of a litigation friend is to conduct proceedings on behalf of the minor or protected party. There are risks involved for the litigation friend as if they issue a claim in the County Court and the claim is unsuccessful, they could be responsible for any legal costs incurred by the successful party.

A litigation friend must file a Certificate of Suitability, confirming that they have no interests adverse to the minor or protected party and that they can fairly and competently conduct proceedings on their behalf.

What Happens When The Claim Is Settled?

Court approval is needed for the litigation friend to claim any monies. The Court will ensure that the settlement is suitable for the minor or protected party. The litigation friend will often need to obtain legal advice on the reasonableness of the settlement in support of their decision to settle and supply this to the Court.

If the award is deemed to be suitable, the Court will likely give indications in respect of how the money should be dealt with. This will also be the case where the claim is successful at final hearing, and monies are awarded to the minor or protected party. The Court will consider whether the minor or protected party is deemed a protected beneficiary when considering exactly how the money should be dealt with. A protected beneficiary will lack capacity to manage any monies recovered for their benefit. A protected party may not always be deemed a protected beneficiary.

Where money is recovered for a minor who is not a protected beneficiary, the Court may decide that the money be paid directly to the litigation friend who would then place it into a bank account for the use of the minor. Alternatively, the money might be invested and paid to the minor when they reach 18.

If money is recovered for the benefit of a protected party who is not considered a protected beneficiary, once the settlement is approved, it is likely that the monies will be paid directly to the protected party. Where money is recovered for the benefit of a protected beneficiary, the Court will ordinarily refer the matter to the Court of Protection.

If you would like more information about acting as a litigation friend, please contact Arvin Sandhu by email or on 01494 521301.