A parent is serving as a Litigation Friend for his 17-year-old son, who got injured in a road traffic accident while riding his scooter through a busy street. The Litigation Friend is ready to initiate legal proceedings as the defendant involved in the accident still disputes responsibility.
Which documents must the claimant include while sending the claim form to the court for issuance in this type of case?
A parent is serving as a Litigation Friend for his 17-year-old son, who got injured in a road traffic accident while riding his scooter through a busy street. The Litigation Friend is ready to initiate legal proceedings as the defendant involved in the accident still disputes responsibility.
Which documents must the claimant include while sending the claim form to the court for issuance in this type of case?
A 'certificate of suitability', which should certify the Litigation Friend's suitability to act on behalf of the claimant.
(E) The claimant must file a certificate of suitability. Without this certificate, the court will be unable to issue the claim form. In the certificate, the Litigation Friend must certify their suitability to act on behalf of the claimant. They must also confirm that they will be responsible for the costs of the claim.
Option (A) is incorrect because a witness statement from the Litigation Friend is not required. The certificate of suitability provides all the necessary information.
Option (B) is incorrect because a minor lacks the capacity to give authority. Therefore, a Litigation Friend is required.
Option (C) is incorrect because the defendant has no influence over the appointment of a Litigation Friend on behalf of the claimant. The suitability of the Litigation Friend is a matter for the court.
Option (D) is incorrect because the court assumes that a person under the age of 18 lacks capacity.