The following PI & Clinical Negligence guidance note Produced in partnership with William Dean of 9 Gough Square provides comprehensive and up to date legal information covering:
A child is any person under the age of 18.
In civil proceedings, a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise), pursuant to CPR 21.2. Often the child’s parent will act as a litigation friend, although there is no barrier to another adult acting instead. The requirements are set out in CPR 21.4: the proposed person can fairly and competently conduct proceedings on behalf of the child; they have no interest adverse to that of the child; and (where the child is the claimant) they undertake to pay any costs the child may be ordered to pay.
The person wishing to act as the litigation friend, in the absence of a court order, must file a certificate of suitability in Practice Form N235 at the time of the claim:
stating that they consent to act
stating that they know or believe that the claimant is a child
stating that they can fairly and competently conduct proceedings on behalf of the child and have no interest adverse to those of the child
undertaking to pay any costs that the child may be ordered to pay in relation to the proceedings subject to any right they may have to be repaid from the child's assets
that is verified by
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