Claims involving a child

Claims on behalf of children

CPR 21 sets out the rules relating to proceedings involving children. A child is any person under the age of 18 (CPR 21.1(2)(b)).

There are specific procedural considerations including the appointment of a litigation friend (CPR 21.2) and the court’s approval of any settlement or payment (including any voluntary interim payment) (CPR 21.10). The rules state that unless a court has made a specific order that a child can act on their own behalf, a child cannot be involved in proceedings without the appointment of a litigation friend (CPR 21.2(2)). This rule applies equally to whether the child is the claimant or a defendant.

Special service provisions apply under CPR 6 for service of proceedings (or other notices) on children.

There are also certain types of claim which often involve children such as playground and sporting accidents.

For further guidance, see Practice Notes: Claims on behalf of children—an introduction and Service of the claim form—service on the defendant or their solicitor.

Appointment of a litigation friend

A person wishing to act ...