Form N235: Certificate of Suitability as a Litigation Friend

This page explains Form N235 and the rules around litigation friends in civil proceedings in England and Wales. It is general information, not legal advice. If you are unsure how the rules apply to your situation, seek independent advice from a regulated solicitor or other qualified adviser.

What Form N235 is and when you need it

Form N235 is the certificate of suitability that a person must file with the court before they can act as a litigation friend in civil proceedings in England and Wales.

A litigation friend is someone who conducts court proceedings on behalf of another person who cannot lawfully conduct them alone. There are two categories of person who need a litigation friend under Part 21 of the Civil Procedure Rules:

• A child — anyone under 18 (CPR r.21.1(2)(b)). A child must have a litigation friend unless the court makes an exceptional order under CPR r.21.2(3) permitting them to proceed without one.
• A protected party — an adult who lacks capacity within the meaning of the Mental Capacity Act 2005 to conduct the specific proceedings in question (CPR r.21.1(2)(d)). A protected party must always have a litigation friend; there is no equivalent exception (CPR r.21.2(1)).

The N235 is not the only route to becoming a litigation friend. A Court of Protection deputy whose appointment expressly covers litigation can act by filing an official copy of the Court of Protection order instead (CPR r.21.5(2)). Everyone else must file the N235.

What "lacks capacity" means

Capacity under the Mental Capacity Act 2005 is assessed by a two-stage test:

1. Is there an impairment of, or a disturbance in the functioning of, the mind or brain? (MCA 2005 s.2(1))
2. Does that impairment mean the person is unable — at the relevant time — to understand, retain, use or weigh the information relevant to the decision, or to communicate a decision? (MCA 2005 s.3(1))

Both stages must be satisfied. Capacity is decision-specific and time-specific: someone who lacks capacity to manage complex litigation may retain capacity to make other decisions. The impairment need not be permanent — a severe depressive episode can render a person a protected party if it prevents them conducting the case.

Capacity cannot be assumed from a diagnosis, disability or unusual behaviour (MCA 2005 s.2(3)). Medical evidence is usually needed if capacity is disputed.

The three conditions a litigation friend must satisfy

Before filing Form N235, check that you genuinely meet all three conditions under CPR r.21.4(3). The certificate is a statement of truth — signing it when you do not qualify is a serious matter.

Condition 1 — You can fairly and competently conduct the proceedings. This is not a requirement that you be legally qualified. It means you are capable of understanding what the case involves, following court directions, attending hearings, and giving instructions to any solicitor instructed. If you are managing the case without a solicitor, it also means you can discharge that role adequately.

Condition 2 — You have no interest adverse to the person you represent. An adverse interest is not limited to financial conflict. It includes any situation where your personal interests, relationships, or obligations might lead you to make decisions in the litigation that benefit you rather than the child or protected party. A parent with a financial stake in the outcome of their child's personal injury claim, for example, should take advice before assuming there is no conflict.

Condition 3 — Where the party is a claimant, you undertake to pay any adverse costs order. This is the condition that most often surprises people. If the claim fails and the other side obtains a costs order against the claimant, you — as litigation friend — are personally liable to pay those costs, subject only to any right to be repaid from the claimant's own assets (CPR r.21.4(3)(c)). This undertaking is real and enforceable. Understand the financial risk before signing.

The costs undertaking does not apply when you are acting for a defendant. If a claim is brought against a child or protected party and you act on their behalf, you do not give a costs undertaking — though adverse costs orders can still be made against the party you represent.

At a glance

• Form: N235 — Certificate of Suitability of Litigation Friend (PDF, 2 pages)
• Download: GOV.UK — Form N235 (HMCTS)
• Governing rules: Civil Procedure Rules Part 21, in particular rr.21.2–21.5
• Who must file: Any person wishing to act as litigation friend who is not a Court of Protection deputy holding an order that covers litigation
• When to file — claimant: At the time the claim form is issued (CPR r.21.5(3)(a))
• When to file — defendant: At the time of the first step taken on the party's behalf, for example filing a defence or acknowledgment of service (CPR r.21.5(3)(b))
• Court fee for N235: None — the form is filed alongside the claim; the claim itself attracts the relevant court fee
• Who to serve: Persons identified in CPR r.6.13 — typically a parent, guardian or carer of the child; or a registered attorney, deputy or carer of the protected party
• Consequence of not filing: Any step taken without a litigation friend in place has no legal effect unless the court orders otherwise (CPR r.21.3(4))
• Guidance verified: June 2026 against CPR Part 21 (last updated 1 October 2023) and MCA 2005 as currently in force

How to complete the N235

The form is two pages and each section carries a statement of truth — read every line before signing.

Case details (section 1). Court name, claim number (leave blank if filing with the claim form — the court adds it on issue), and the names of both parties.

Your details (section 2). Your full name and address for service. Court documents will be sent here; a solicitor's address is acceptable.

Your relationship (section 3). State how you are connected to the child or protected party. There is no prescribed list — what matters is whether you satisfy the CPR r.21.4(3) conditions, not the label.

The declaration (section 4). You confirm that you agree to act; that you know or believe the person is a child or lacks capacity (with grounds stated for a protected party); and that you meet the CPR r.21.4(3) conditions. The form must be verified by a statement of truth (CPR r.21.5(4)). If expert opinion underpins your belief about capacity, a copy of that opinion must be served alongside the certificate or separately (CPR r.21.5(6)).

When to file and serve the certificate

Filing

Timing is strict and errors have real consequences.

• Claimant's litigation friend: file when the claim form is issued (CPR r.21.5(3)(a)) — deliver the N235 to the court at the same time as the N1 or other claim form. Do not issue first and file the certificate later.
• Defendant's litigation friend: file when you first take a step in the proceedings (CPR r.21.5(3)(b)) — filing an acknowledgment of service, a defence, or making an application all trigger the obligation.

Serving the certificate

Filing with the court is not enough. Under CPR r.21.5(5) you must also serve a copy on every person on whom the claim form must be served under CPR r.6.13:

• Child: a parent or guardian, or — if none — the person with whom the child lives or in whose care they are.
• Protected party: the person authorised to conduct proceedings on their behalf (a registered LPA attorney or Court of Protection deputy), or the person with whom they live or by whom they are cared for.

Once service is complete, file Form N215 (certificate of service) at court to record that it happened.

Worked example

The names and circumstances below are entirely fictional and are used for illustration only.

Emma is 14. Her parents, David and Sarah, want to bring a small claims track personal injury claim on her behalf arising from an accident at a sports centre. The claim is worth approximately £4,000.

David agrees to act as litigation friend. Before filing anything, he works through the three conditions:

1. Fair and competent conduct: The claim is a straightforward personal injury matter in the small claims track. David understands the facts, can attend a hearing, and has obtained a medical report. He can manage the proceedings.
2. No adverse interest: David has no financial interest in the outcome beyond recovering what Emma lost. There is no conflict.
3. Costs undertaking: The small claims track sharply limits recoverable costs (CPR Part 27 fixed costs). If the claim fails, the other side's recoverable costs will be minimal. David understands and accepts this.

David completes the N235 and files it with the claim form at the county court. He then serves a copy on Sarah (as the other parent), and files Form N215 as his certificate of service.

The claim succeeds and a judgment is entered for £3,500. Because Emma is a minor, David cannot simply pocket the money. CPR r.21.11 requires the court to give directions — the money is paid into court to be held until Emma turns 18, unless the court directs otherwise.

What would have gone wrong without the N235: If David had filed the claim form without simultaneously filing the N235, any step taken after issue would have had no legal effect under CPR r.21.3(4). The court could not proceed until the position was regularised — requiring an application, causing delay, and potentially attracting a costs order.

When you do not need Form N235

There are situations where the N235 is not the right document, or where the litigation friend route does not apply:

• Court of Protection deputy with litigation powers: If a Court of Protection order expressly authorises a deputy to conduct litigation on the protected party's behalf, that deputy files a copy of the order instead of the N235 (CPR r.21.5(2)).
• Child conducting proceedings with court permission: The court has a discretion under CPR r.21.2(3) to permit a child to proceed without a litigation friend. This is genuinely exceptional and requires an application under CPR r.21.2(4).
• Excluded proceedings: Part 21 does not apply to proceedings under CPR Part 75 (traffic enforcement), enforcement of specified debts by taking control of goods, or related applications where a party is a child (CPR r.21.1(1)(c)).
• Family court proceedings: The N235 is a civil court form under the CPR. Family proceedings operate under the Family Procedure Rules 2010 with separate arrangements including Cafcass involvement. If your case is in the family court, confirm the applicable procedure before filing any N235.

What happens after you file

Once filed and served, the litigation friend has the same powers and obligations as any other litigant: giving instructions to any solicitor, attending hearings, complying with court directions, and making or responding to applications.

Settlement and compromise. CPR r.21.10(1) is unequivocal: no settlement, compromise, payment, or acceptance of a Part 36 offer is valid without the court's approval, however clear-cut the case appears. The application is usually made under the Part 8 procedure and must include a draft consent order, a legal opinion on the merits, relevant expert evidence, and in personal injury claims a breakdown of damages claimed. Skipping approval makes any settlement ineffective.

Control of money recovered. CPR r.21.11 requires the court to give directions about money recovered for a child or protected party. For a child who is not a protected beneficiary, money is typically paid into court until the child turns 18. For a protected beneficiary where the fund exceeds £100,000, the litigation friend will ordinarily be directed to apply to the Court of Protection for the appointment of a deputy.

When the appointment ends. A child's litigation friend's appointment ends automatically when the child turns 18 (CPR r.21.9(1)). A protected party's litigation friend continues until the court makes an order ending the appointment — recovery of capacity does not end it automatically (CPR r.21.9(2)).

When to get help

The N235 is a short form, but the role it activates is not. Consider taking independent legal advice before filing if:

• The claim is high in value or involves contested liability
• Capacity is disputed and medical evidence needs to be obtained or assessed
• You are uncertain whether you have an adverse interest
• The protected party has a Court of Protection deputy or registered LPA attorney and you are unsure which route applies
• A settlement needs court approval and you are not sure what the court will require
• You are a defendant's litigation friend and are concerned about the other side's potential costs exposure

Citizens Advice and Support Through Court provide free guidance for litigants in person. The Civil Court duty adviser scheme assists at some court hearing centres on the day.

This page covers civil proceedings in England and Wales only. Separate rules apply in Scotland and Northern Ireland.

Page last reviewed: June 2026. Next review due: June 2027 or on any material change to CPR Part 21 or the Mental Capacity Act 2005.