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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25991
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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The court has awarded in favour of the Claimant. The

Resolved Question:

The court has awarded in favour of the Claimant. The claimant is not in a position to represent herself. I understand that I will need a doctor to confirm that the Claimant is unfit to follow through with enforcing the judgement.

I have found form n235 'Certificate of suitability of litigation friend'.  Is this what I should complete and attach a doctors statement?

Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask does the party involved have an attorney or deputy acting for them please?
Customer: replied 2 years ago.

No

So I presume form n235 is not appropriate?

Expert:  Joshua replied 2 years ago.
Thanks. No you are quite correct. You will need to complete forms N235 and N215 (certificate of service). With form N235 you will have to give reasons whyy you believe the claimant is a protected person (i.e. not able to conduct proceedings personally) and attach medical evidence to support this - a letter from her GP will suffice. Once you have completed form N235 you will need to serve a copy of it on both the person you want to represent and their carer (if they have no attorney). Then you complete form N215 to confirm you have served the N235 form as above. Finally you send both the N235 and N215 to the court with the medical evidence and if satisified the court will make an order to appoint you as lititgation friend. You can then proceed to make applications on the Claimants behalf signing where necessary as "litigation friend". Links to the above forms are here:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=459http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=473 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.

Thanks for the information

The District Judge allowed me to become the Claimant’s McKensie friend and in a letter stated with regards ***** *****:

“ ………………………… who according to our records is acting on behalf of the claimant Mrs Hilda Customer ………”

With this I presumed I was OK to ‘act’ on behalf of the Claimant. Now worried that what I have done is wrong and I should have done this through first becoming a Litigation Friend.

The situation is that the courts have found in favour of the Claimant and as the claimant is 100 years of age frail and just not up to the paperwork I have progressed matters 'acted' on the claimant's behalf. Does this make the judgement null and void?

pete

Expert:  Joshua replied 2 years ago.
So to be clear you obtained judgement for the claimant acting as her litigation friend using the above letter as the basis for doing so?
Customer: replied 2 years ago.

yes :-(

Expert:  Joshua replied 2 years ago.
Strictly you need to be appointed as a litigation friend formally and the letter you have received doesn't do that. Rather it provides that according to the court records you are the litigation friend. Based on what you say this appears to be a mistake. If a judgement has been issued, it is not invalid but it may be grounds for the defendant to appeal if they get wind of the fact that you had not formally been appointed as litigation friend.Accordingly you could proceed in one of two ways:1) proceed on the basis the court belives you are LF according to its records with you maintaining the position that you understood the court had approved you to act on the basis of the above evidence and hope noone checks too closely;2) ask the court to confirm you as litigation friend using the above procedure before proceeding any further with enforcement. The second approach would be the safest but does have the potential to risk an appeal in the original judgement so I do not pretend it is risk free. Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

Thank you

There is a date set for the Defendant to attend court for questioning and so I think I will let things ride.

Am I right that if the Defendant is successful with an appeal based on the Litigation Friend status basis that I just start again with the claim process and all is not necessarily lost?

pete

Expert:  Joshua replied 2 years ago.
Yes that is correct however I would not think that would be necessary because if there was an appeal, firstly the defendant is likely out of time to appeal though may be able to get an extension and if there was an appeal, there is no reason you could not formally apply to be a litigation friend prior to the appeal hearing which should remove the issue. If that is their only plank of argument, it seems thin.Is there anything else I can assist you with?
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Customer: replied 2 years ago.

Thank you again for your help.

Expert:  Joshua replied 2 years ago.
A pleasure. I hope all goes as planned.