Claims on behalf of children—an introduction


Produced in partnership with William Dean of 9 Gough Chambers
Practice notes

Claims on behalf of children—an introduction


Produced in partnership with William Dean of 9 Gough Chambers

Practice notes
imgtext

A child is any person under the age of 18.

There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contain the main provisions.

If a child is involved in a claim they will usually be the claimant bringing the claim but claims may occasionally be brought against children.

Litigation friends

Requirement for a litigation friend

In civil proceedings a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise).

The only steps that can be taken (without the court’s permission) before the child has a litigation friend are:

  1. •

    issuing and serving a Claim form

  2. •

    applying for the appointment of a litigation friend

Unless the court orders otherwise, a person may not, without the permission of the court, make an application against a child before proceedings have started, or take any step in proceedings except issuing and serving a claim form or applying for the appointment of a litigation friend, until a litigation friend has been appointed.

William Dean
William Dean

Barrister, 9 Gough Chambers

William Dean is a barrister and mediator who practises from 9 Gough Chambers in London. He has a mixed practice, focussing on matters involving personal injury, civil litigation, family work and regulatory and criminal cases; and he acts for individuals, businesses, government departments/agencies and others.
Ìý
He writes for the Butterworths Personal Injury Litigation Service, edits the Landlord and Tenant Reports and is a contributor to Criminal Injuries Compensation Claims (2nd edition), the APIL Guide to RTA Liability (3rd edition) and Clinical Negligence Claims (3rd and 4th editions). He is a regular speaker on topics related to his work. He is an examiner for the Diploma in Forensic Medical Sciences.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Litigation friend definition
What does Litigation friend mean?

A person who acts on behalf of a minor or protected party during legal proceedings.

Read more

Popular documents

Quantifying damages for the estate under the Law Reform Act

Quantifying damages for the estate under the Law Reform ActWhat can be claimed by the estate under the Law Reform (Miscellaneous Provisions) Act 1934?The Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) allows the deceased’s estate to recover some of the losses that the deceased was

Is there any guidance or case law on the duty of care owed by a school to children outside of the school

Is there any guidance or case law on the duty of care owed by a school to children outside of the school gates, eg on a footpath near to the school? Assume that the child was injured by a vehicle.See the judgment of Mr. Justice Nicol in the High Court case of Webster v Ridgeway Foundation School.

What is the correct procedure if a claimant dies during the court proceedings? Will the case be

What is the correct procedure if a claimant dies during the court proceedings? Will the case be automatically stayed?Where a party to a claim dies, but the cause of action survives, the claim does not abate by reason of the death. The court has the power to appoint someone to represent the estate of

Claims on behalf of children—an introduction

Claims on behalf of children—an introductionA child is any person under the age of 18.There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contain the main provisions.If a child is involved in a claim they will usually be the claimant bringing