Other Civil proceedings
Much of the Official Solicitor's work arises in civil litigation, where one of the parties lacks the capacity to conduct litigation due to either mental incapacity (a protected party) or because they are under age. The Official Solicitor can be invited to act as representative for either the claimant or for a defendant who lacks capacity. He then becomes known as their "litigation friend". Some cases may involve representing an estate of a deceased person, usually in circumstances where a person wishes to claim against an estate for which no personal representative is willing to act.
Many cases involve personal injury claims, possession actions, applications in connection with the ownership of property, and claims for appropriate provision from a deceased's estate. An increasing number of cases involve challenges to decisions of public authorities by way of Judicial Review; there has also been a considerable increase in the involvement of the Official Solicitor in cases where the Local Authority seeks to displace the nearest relative of a person suffering from mental illness.
Depending on the circumstances, the Official Solicitor will either instruct solicitors to act on his behalf or deal with the case in-house, in the same way as a solicitor in private practice would conduct such a case for his client. However, where a claim is compromised by way of settlement, and one of the parties is either a protected party or a child, it can only be concluded with the formal approval of the court.
For further information please contact the civil litigation team on 020 7911 7136
If you would like to write to us or give feedback, please go to our contact us page.