Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
January 17, 2014

Next friend

When bringing an action in civil court there are two classes of persons who need a “next friend”. These are a minor and a patient.

Who is a minor?

CPR 2000 describes a minor as a person who has not attained the age of majority, that is, the age of eighteen. The designation is specific to civil law, because in criminal law criminal responsibility is at age of eight years and persons could be prosecuted for crimes as juveniles or adults.{{more}}

Who is a patient?

A patient, according to CPR 2000, “is a person who by reason of mental disorder within the meaning of the Mental Health Act….is incapable of managing his or her own affairs.” (p. 6)

Service of a claim

Under Part 5.10, a claim could be served on one of the minor’s parents or guardians. If there are no parents or guardians, then on the person with whom the minor lives or the person constituted to conduct proceedings on his or her behalf. For a patient, the person authorized to conduct proceedings on his or her behalf must be served.

Provision for next friend

Part 23 in CPR 2000 sets out the law as to how a person becomes a next friend of a minor and a patient in court. A parent or guardian could be constituted as a next friend. The law requires a person to act on behalf of the minor or patient, if that person could “fairly and competently conduct proceedings on behalf of the minor or patient.” The next friend should have no interest that is opposed to that of the minor or patient. A person could become a next friend without an order from the court, by filing an authorization under the relevant act or a certificate that the person satisfies the conditions above.

How a person becomes a next friend

The Court can appoint a next friend either on its own initiative or on the application of a person who wants to be the next friend. This application must be “supported by evidence on affidavit.” The Court must be satisfied that the person is competent and that he or she complies with the conditions set out in part 23. A minor can decide that he does not need a next friend and must make an application to this effect to the Court. On examination of the application, the Court could make an order permitting the minor to conduct proceedings without a next friend.

Substitution of a next friend

The Court has the power to bring to an end to the appointment of a next friend and to substitute with another next friend. The termination of services of a next friend could be done with or without an application. An application to have a next friend removed must be accompanied by affidavit. Any application to the Court regarding the appointment or termination of services of a next friend must be served on all concerned in the matter.

The next friend cannot make any settlement or compromise on behalf of the minor or patient out- side the court. Any money recovered for the benefit of the minor or patient must be done through the Court or with its approval.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Vincymas 2026 – The Great  Escape is officially launched
    Front Page
    Vincymas 2026 – The Great Escape is officially launched
    Webmaster 
    April 17, 2026
    Vincymas, St Vincent and the Grenadines’ premier cultural festival is ready and rearing to go, following the launch on Saturday, April 11, 2026 at the...
    Act to amend RPA heading to Parliament Tuesday
    Front Page
    Act to amend RPA heading to Parliament Tuesday
    Webmaster 
    April 17, 2026
    Opposition Leader Dr. Ralph Gonsalves, has given the New Democratic Party (NDP) administration an ultimatum to withdraw their plans to amend the Const...
    Court to decide on competency of  doctors to provide Psychiatric reports
    Front Page
    Court to decide on competency of doctors to provide Psychiatric reports
    Webmaster 
    April 17, 2026
    Two doctors who prepared, and one who signed off on a competency to stand trial report for a mental health patient, told the Serious Offences Court, u...
    Taiwan Navy squadron visits SVG after more than two decades
    Front Page
    Taiwan Navy squadron visits SVG after more than two decades
    Webmaster 
    April 17, 2026
    St Vincent and the Grenadines (SVG) and the Republic of China, Taiwan, may be worlds apart, but a visit by the R.O.C. Navy 2026 Midshipmen Cruising an...
    ‘Bing’ feels he’s being tried and tested as Paul’s Avenue fire knocks Boom FM off air
    Front Page
    ‘Bing’ feels he’s being tried and tested as Paul’s Avenue fire knocks Boom FM off air
    Webmaster 
    April 17, 2026
    A defamation lawsuit that was filed against Boom SVG 106.9’s Dwight ‘Bing’ Joseph is currently pending at the High Court, as efforts are made at the r...
    Residents traumatised by Stoney Grounds brazen daylight shooting
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    Webmaster 
    April 17, 2026
    Last Friday, April 10, 2026, a brazen daylight shooting at Stoney Grounds on the outskirts of the capital, Kingstown, not only left two persons dead a...
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    News
    Residents traumatised by Stoney Grounds brazen daylight shooting
    Webmaster 
    April 17, 2026
    Last Friday, April 10, 2026, a brazen daylight shooting at Stoney Grounds on the outskirts of the capital, Kingstown, not only left two persons dead a...
    Under-aged boys charged with knife possession
    From the Courts, News
    Under-aged boys charged with knife possession
    Webmaster 
    April 17, 2026
    Two 15-year-old secondary school students were taken before the Serious Offences Court on Thursday, April 16, charged with possession of offensive 202...
    Budding teenage athlete Alia, laid to rest
    News
    Budding teenage athlete Alia, laid to rest
    Webmaster 
    April 17, 2026
    On Saturday, April 11, 2026 teenaged athlete Alia Crystal McDowall, was laid to rest at the Lowmans Hill Cemetery, following a funeral service at the ...
    PM Dr Godwin Friday says SVG in a bad financial situation
    News
    PM Dr Godwin Friday says SVG in a bad financial situation
    Webmaster 
    April 17, 2026
    Prime Minister Dr. Godwin Friday, has described St Vincent and the Grenadines (SVG) as being in “a failed state situation” at the time his New Democra...
    Teenager’s manslaughter charge expected to be upgraded
    From the Courts, News
    Teenager’s manslaughter charge expected to be upgraded
    Webmaster 
    April 17, 2026
    A teenager, who was legally represented in court by former Prime Minister Dr. Ralph Gonsalves, is expected to return to court on a more serious charge...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok