Appointing a litigation friend in family proceedings

Published by a LexisNexis Family expert
Practice notes

Appointing a litigation friend in family proceedings

Published by a LexisNexis Family expert

Practice notes
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This Practice Note deals with the Requirements under the Mental Capacity Act 2005 (MCA 2005), and the provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15, together with the supporting Practice Direction FPR 2010, PD 15A, as to the appointment of a Litigation friend in relation to a protected party in family proceedings. It also details who may be a litigation friend and their duties, the procedure for appointing a litigation friend and when the appointment of a litigation friend may be ended. For practical guidance on issues of capacity and how it may be assessed, see Practice Note: Capacity to litigate—family proceedings. In relation to the appointment of the Official Solicitor as a litigation friend, see Practice Note: The Official Solicitor—family proceedings.

Who may be a litigation friend?

Unless the court has already appointed a person to be a litigation friend, a person with authority as a deputy to conduct proceedings in the name of a protected party, or on that party’s behalf, is entitled to be the litigation friend of the

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Jurisdiction(s):
United Kingdom
Key definition:
Litigation friend definition
What does Litigation friend mean?

A person who acts on behalf of a minor or protected party during legal proceedings.

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