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Form N235 UK: Litigation Friend Certificate Guide

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Part ofCounty Court Forms UK

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When someone cannot conduct their own court case, whether because they are under 18 or lack the mental capacity to make decisions about litigation, another person may step in to run the case for them. That person is called a litigation friend, and in most civil proceedings they need to confirm their suitability for the role using Form N235. The form is short, but getting it wrong (or failing to serve it on the right person) can cause real delays. This page walks through what the N235 does, who can sign one, what information you need to hand before you start, and what happens once it reaches the court. If you are weighing up whether to act as a litigation friend for a family member or someone in your care, the guidance below will help you understand the commitment involved.

What this document is

Form N235 is the court document used to confirm that someone is willing and suitable to act as a litigation friend on behalf of a child (anyone under 18) or a protected party (an adult who lacks capacity to conduct the proceedings themselves within the meaning of the Mental Capacity Act 2005). The form records a declaration by the proposed litigation friend that they can fairly and competently conduct proceedings for the person concerned, that they have no conflicting interest, and, where a claimant is involved, that they will pay any costs the court orders against that party, subject to any right to be repaid from that party's assets.

The N235 sits alongside Part 21 of the Civil Procedure Rules, which governs how children and protected parties are represented in civil cases in England and Wales. Without a properly filed certificate (or a court order appointing a litigation friend), steps taken in the claim on behalf of the child or protected party can be challenged or set aside.

How to use this document

  1. Check whether a certificate is actually needed. In most civil claims, a litigation friend must either obtain a court order or file an N235. If the person lacking capacity already has a deputy appointed by the Court of Protection with authority to conduct legal proceedings, or an attorney under a registered lasting power of attorney with the relevant authority, that person can usually act without a court order, but the N235 route is still commonly used. Confirm which route applies before completing the form.
  2. Gather the case and personal details. You will need the name of the court handling the claim, the claim number (if one has been issued), the full names of the claimant and defendant, and your own contact address for service of documents. Have the child's or protected party's details to hand, along with any medical evidence relating to the protected party's capacity, which may need to be produced if challenged.
  3. Complete and sign the declaration. Fill in the N235 carefully, stating your relationship to the child or protected party, confirming you have no interest adverse to theirs, and signing the undertaking about costs where you are acting for a claimant. The declaration is a serious one, so read each statement before signing. If anything in the printed wording does not reflect your position, take guidance before filing.
  4. File the form at the correct time. If you are acting for a claimant, the N235 should be filed when the claim form is issued. If you are acting for a defendant, it should be filed when you take the first step in the proceedings on that party's behalf, such as filing an acknowledgment of service or a defence. Late filing can disrupt the court's timetable.
  5. Serve the certificate on the right people. A copy of the filed N235 must be served on a parent or guardian of the child (or the carer or person they live with if there is no parent or guardian), or on the appropriate person with authority for a protected party, such as a registered attorney, Court of Protection deputy, or the person with whom the protected party lives or by whom they are cared for. Complete a certificate of service to evidence this step.

Common questions

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Common questions

Q Who can act as a litigation friend?
Any adult who can fairly and competently conduct proceedings for the child or protected party, and who has no interest that conflicts with theirs, can act. That often means a parent, guardian, close relative, or friend. For a claimant, the litigation friend also undertakes to meet any adverse costs order, subject to recovery from the party's assets. Professional deputies and attorneys with the right authority can also take on the role.
Q What is the difference between a child and a protected party?
A child is anyone under 18 in civil proceedings in England and Wales. A protected party is an adult who lacks capacity within the meaning of the Mental Capacity Act 2005 to conduct the specific legal proceedings in question. Capacity is decision-specific, so someone who lacks capacity for one matter may not for another. Medical evidence is often needed to establish that an adult is a protected party.
Q Do I need a solicitor to file Form N235?
No, you can file the N235 yourself, and many litigation friends do so without legal representation. That said, conducting a case for someone else carries real responsibility, including potential exposure to costs. Many people acting as litigation friend choose to instruct a solicitor, particularly where the claim is complex, involves significant money, or concerns a protected party whose capacity may be contested.
Q Is there a court fee for filing the N235?
The N235 itself is generally filed alongside the claim or an acknowledgment of service rather than attracting its own fee, but the underlying claim or application usually carries a court fee. Fees change from time to time, so check gov.uk for the current amount and whether any fee remission (Help with Fees) is available based on your financial circumstances.
Q Can a litigation friend be removed or replaced?
Yes. The court can make an order terminating a litigation friend's appointment, or substituting another person, if there is good reason, for example a conflict of interest or failure to act in the party's best interests. The child, protected party, or another person with a proper interest can apply. If a child turns 18 during the proceedings, the litigation friend's role usually ends and the former child continues the case in their own name.
Q What happens if I act without filing an N235?
Under Part 21 of the Civil Procedure Rules, no step can be taken in proceedings on behalf of a child or protected party until a litigation friend is in place, either by court order or by filing the required certificate. Any step taken before that is of no effect without the court's permission. The safer course is to file the N235 at the outset and serve it promptly on the relevant people.
Q Does the N235 apply in the family court?
Family proceedings involving children have their own framework, including Children and Family Reporter involvement and guardians appointed through Cafcass. The N235 is primarily a civil form under the Civil Procedure Rules. If your case is in the family court, different forms and procedures may apply, so confirm the correct route before filing anything.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.