What is a Litigation Friend?

Someone authorised by the court to conduct a case on behalf of a person under 18 or a person under a mental disability or a person who has requested to use a litigation friend.

As a Litigant in Person all claimants or defendants can ask to bring to the court hearing either a McKenzie Friend or a Lay Representative.

A party to a claim who requires a Litigation Friend to act for them 1) a child (under 18) or 2) a protected party (a patient within the meaning of the Mental Health Act 1983) should complete form N235 - Certificate of suitability of litigation friend.

McKenzie Friend

A party may be allowed to introduce a McKenzie Friend into court to assist them. There is no right to have a McKenzie friend. This right is based on the litigant having reasonable assistance.

A McKenzie friend is not entitled to address the Court itself.

You should write a letter to the Court when the hearing date is given to give notice to the Court that they would like to have a McKenzie friend present to take notes and give support.

Lay Representative

A Lay Representative or litigant's friend can present a case in court as long as the claimant is also present.

You should write a letter to the Court when the hearing date is given to give notice to the Court that a lay representative will be presenting the case. If you did not give notice then you can inform the court usher on arrival at court as permission is at the discretion of the judge and is usually granted.

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