Protected Parties in a Personal Injury Claim Explained
Some people bringing a personal injury claim cannot manage the legal process themselves — most commonly because the accident itself caused a brain injury, or because a pre-existing condition such as dementia or a severe learning disability means they lack the mental capacity to conduct proceedings. UK civil procedure calls these claimants “protected parties”, and builds in specific safeguards to make sure their claim is properly handled and their compensation properly protected. This guide explains who counts as a protected party, who can act on their behalf, how settlements are approved, and how the usual time limits are affected.
In this guide
- What Is a Protected Party?
- The Litigation Friend Requirement
- Settlement Approval and Court of Protection Deputies
- Time Limits for Protected Parties
- Common Scenarios
- What Compensation Could You Receive?
- Common Questions About Protected Parties
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
What Is a Protected Party?
Civil Procedure Rules Part 21 defines a protected party as someone who lacks capacity to conduct their own legal proceedings, using the test set out in the Mental Capacity Act 2005. Capacity is assessed on a decision-specific and time-specific basis — someone can lack capacity to manage litigation while retaining capacity for other decisions, and capacity can fluctuate or be regained over time. In a personal injury context, the most common causes are severe traumatic brain injury (frequently the very injury being claimed for), pre-existing dementia or other progressive cognitive conditions, severe learning disabilities, and some serious mental illnesses at their most acute stage.
The Litigation Friend Requirement
Under CPR Part 21, a protected party must have a litigation friend to conduct proceedings on their behalf — the case simply cannot proceed without one. The litigation friend makes the practical decisions in the litigation, instructs the solicitor, and must act in the protected party’s best interests throughout. This mirrors the arrangement used for children’s claims, but is triggered by lack of capacity rather than age.
Who Can Act as Litigation Friend
- A deputy already appointed by the Court of Protection with authority over the protected party’s affairs, who is automatically entitled to act
- A family member or other suitable adult, provided they can fairly and competently conduct the proceedings and have no interest that conflicts with the protected party’s
- The Official Solicitor, appointed by the court where no suitable family member is available or willing to act
Anyone acting without a Court of Protection order must file a certificate of suitability confirming they meet these conditions before taking any step in the proceedings.
Settlement Approval and Court of Protection Deputies
No settlement, compromise, or accepted payment into court is valid for a protected party without the approval of the court — even where liability is fully admitted and both sides agree the figure. The court reviews the medical and legal evidence and satisfies itself the settlement is genuinely in the protected party’s best interests before approving it.
Once compensation is recovered, what happens to the money depends on the amount. Where the award is £100,000 or more, the litigation friend must normally apply to the Court of Protection for the appointment of a deputy to manage the fund going forward, unless someone already holds a registered power of attorney or existing deputyship covering the protected party’s financial affairs. Smaller sums can be managed more informally, often through the Court Funds Office, without a full deputyship application.
Time Limits for Protected Parties
The standard 3-year personal injury time limit is suspended entirely while a claimant lacks capacity. This follows from section 28 of the Limitation Act 1980, which extends the usual limitation period for anyone under a legal “disability” (which includes lacking mental capacity) — for personal injury claims specifically, time only starts running once the claimant either regains capacity or dies, whichever happens first, and even then a further 3 years is allowed from that point. In practice, this means a claim on behalf of someone who never regains capacity can be brought at any time — there is no deadline that can be missed, which is why many severe brain injury and long-term incapacity claims are pursued years after the underlying accident without any limitation difficulty.
Common Scenarios
- A road traffic accident or workplace fall causing a severe traumatic brain injury, where the claimant themselves cannot instruct a solicitor about their own claim
- An elderly claimant with pre-existing dementia injured in a fall, where a family member needs to bring the claim as litigation friend
- An adult with a severe learning disability injured in an accident, whose parent or existing Court of Protection deputy conducts the claim
- A claimant who loses capacity partway through an existing claim — for example following a stroke or a deterioration in an existing condition — requiring a litigation friend to be appointed mid-case
- A catastrophic injury claim where capacity is expected to return in part but not fully, requiring careful evidence on the specific decisions the claimant can and cannot make
What Compensation Could You Receive?
Being a protected party doesn’t change how the underlying injury is valued — the same Judicial College Guidelines brackets apply as for any other claimant. See our compensation amounts hub for injury-specific figures, or our how much compensation guide for how the valuation process works generally. What does change is how the compensation is held and managed afterwards, given the protections described above.
Common Questions About Protected Parties
My relative had a serious brain injury in an accident. Can I bring the claim for them?
Yes, provided you can fairly and competently conduct the proceedings and have no conflict of interest — you would act as their litigation friend, either informally by filing a certificate of suitability or, for larger or more complex claims, following an application to the Court of Protection. A specialist solicitor can advise on which route fits your situation.
Does my relative need to be formally assessed as lacking capacity?
Where capacity is genuinely in doubt, yes — the solicitor will usually arrange a capacity assessment as part of building the claim, since the litigation friend’s certificate of suitability must state the grounds for believing the claimant lacks capacity, supported by expert opinion where relevant.
What if my relative regains capacity during the claim?
The litigation friend’s appointment continues until the court ends it, even after capacity is regained — but the formerly protected party can apply to end the appointment and conduct the remainder of the claim themselves once they’re able to.
Will the compensation be paid directly to my relative?
Not usually for larger sums. Awards of £100,000 or more are typically managed through a Court of Protection deputyship rather than paid as a lump sum directly to the protected party, to make sure the money is properly protected and used in their best interests over the long term.
Is there a time limit for bringing a claim on behalf of someone who lacks capacity?
Not in the way there is for other claimants. Time doesn’t start running while the person lacks capacity, so if they never regain it, the claim can be brought at any point — there’s no deadline that can be missed. This is a significant protection, but early legal advice is still strongly recommended so evidence is preserved while it’s freshest.
Related Guides
Children’s Personal Injury Claims Explained
Personal Injury Compensation Amounts UK
How Much Compensation for Personal Injury?
Personal Injury Claim Time Limits UK
Serious & Life-Changing Injury Claims
How Personal Injury Claims Work — Process & FAQs
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