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Litigation Friend

Dorset Advocacy’s Advocates can be appointed as litigation friends to make decisions about a court case for an adult who lacks the mental capacity to manage their own court case either with or without a solicitor. To enquire about this service, please call us on 0300 343 7000.

The court case can be any of the following:

  • a civil case, except a tribunal
  • a family case
  • a Court of Protection case

Litigation Friends go to court if there’s a hearing, but can’t act as the other person’s lawyer. They ‘direct the proceedings’ on behalf of the other person. This means that they:

  • make decisions in the persons’ best interests
  • do everything they can to tell them what’s happening in the case and find out their wishes and feelings
  • talk to their solicitor about what’s happening, get advice from them and give instructions to them in the other person’s best interests

Who can be a litigation friend?

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

The court will appoint the Official Solicitor to 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)

Source [www.gov.uk]

Contact our Gateway team for referrals and information:

Call 0300 343 7000 or email referrals@dorsetadvocacy.co.uk