Q&As

Is it possible to file a witness statement in a child's name in a claim for personal injury, where the child has a clear recollection of the accident, or would it need to be in the name of the litigation friend?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on: 10 November 2020
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Children may give evidence in proceedings, whether or not they are using a litigation friend to bring proceedings.

The requirement to have a litigation friend for children under the age of 18 (unless waived) exists because those under the age of 18 are assumed not to have capacity to make the complicated decisions required to be a party to legal proceedings. These include taking and understanding legal advice, making tactical decisions about when and how to litigate, following rules and orders of court, and taking an informed view

David Green
David Green

Barrister, 12 King's Bench Walk

A personal injury and employment barrister with particular interest and expertise in occupational disease, military and international claims, and in discrimination and whistleblowing cases.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Child definition
What does Child mean?

A person under the age of 18.

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