The litigation friend

A ‘protected party’ means a party, or an intended party, who lacks capacity within the meaning of the Mental Capacity Act 2005 to conduct the proceedings. For further guidance on mental capacity, see Practice Note: Mental capacity in personal injury claims. The term ‘under a disability’ is used, in the context of litigation, to refer to both a protected party or a child (a person under 18), and the conduct of such claims involves some of the same principles.

This Practice Note is specifically directed to those who are protected parties because they lack mental capacity to conduct the proceedings. It must be borne in mind at all times that the question of whether a claimant has capacity to conduct the litigation is a separate issue from that of the capacity to manage their own financial affairs. In many cases, the claimant will be lacking in mental capacity to understand and manage all aspects of their affairs, including financial and litigation (for instance, those who have suffered a