In which scenario is a litigation friend required?

• A. The client is an adult lacking mental capacity
• B. The client is a child
• C. Both a child and an adult lacking capacity
• D. Neither

Answer: (C)

A litigation friend is needed whenever the person the case is about cannot conduct the proceedings themselves. For a child, civil actions can’t be run in the child’s own name without someone to represent and protect the child’s interests, so a parent, guardian, or other suitable adult acts as the child’s litigation friend. For an adult who lacks capacity, the person cannot instruct or conduct the case, so the court appoints a litigation friend to carry the case forward on that person’s behalf, usually a close relative, guardian, or the Official Solicitor. If the person has capacity and can properly instruct a solicitor or conduct the case themselves, no litigation friend is required.