child's claim for compensation
child's claim for compensation
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Litigation Friends

child's claim for compensation

The law states that people under the age of eighteen are not entitled to bring an action in their own right as they lack 'legal capacity'.

An adult will be appointed to act on behalf of the child if the action is commenced before the child's eighteenth birthday. The adult is usually a relative but may be any adult willing to act, and is known throughout the proceedings as the 'Litigation Friend'

The function of the Litigation Friend is to make decisions on the child's behalf and generally protect the child's interests throughout the litigation.

The same time limits apply to a child's claim for compensation as for adults, but the clock only starts running on their eighteenth birthday.

A child does not need to wait until they are 18 to make a claim.

Someone under 18 cannot take legal action in their own right, but the law deals with this by allowing a litigation friend to pursue the case on their behalf.

A litigation friend can be:

  • a close relative
  • a parent
  • an adult friend
  • a social worker or
  • someone else appointed by the court.
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