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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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There, could you tell me if a litigation friend is liable

Resolved Question:

Hi there, could you tell me if a litigation friend is liable to pay costs for the minor, in a personal injury case which fails. the minor is now of age 19 years old however the litigation friend is now being chased for the debt in her name. and is unsure where she stands
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. I regret to say that a litigation friend or "next friend" is liable for all the costs of litigation taken in their name, for the benefit of a minor. A litigation friend is an onerous obligation and has liabilities as well as benefits. A litigation friend has a right of reimbursement against the infant. However, this is rarely of financial value, so the litigation friend ends up footing the bill should the litigation not be a success. So I regret to say that your friend will find herself liable for the monies owing in legal costs for the litigation taken for the benefit of the minor.
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