Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
    Police officer found dead
    Front Page
    Police officer found dead
    Webmaster 
    July 24, 2026
    Speculation is rife over the death of a police constable, who was found with a head wound in a wooded area close to the base of the Special Services U...
    Fire the  COP says Jomo Thomas
    Front Page
    Fire the COP says Jomo Thomas
    Webmaster 
    July 24, 2026
    In less than two months, a second lawyer has voiced displeasure with the performance of Commissioner of Police (COP) Enville Williams, with this one c...
    Barrouallie woman wants Mental Health policy review after brother’s attack
    Front Page
    Barrouallie woman wants Mental Health policy review after brother’s attack
    Webmaster 
    July 24, 2026
    A resident of Barrouallie said there is need for urgent reforms to the way that psychiatric conditions are managed in St. Vincent and the Grenadines (...
    Legislation passed to benefit  non-pensionable public sector workers
    Front Page
    Legislation passed to benefit non-pensionable public sector workers
    Webmaster 
    July 24, 2026
    Non-pensionable public sector workers are expected to benefit from greater retirement security after Parliament on Tuesday, July 21, 2026 approved the...
    Government  promises funding as free secondary schools registration takes effect
    Front Page
    Government promises funding as free secondary schools registration takes effect
    Webmaster 
    July 24, 2026
    Minister of Education Phillip Jackson, has given the assurance that the government will make the necessary provisions for schools to bridge the defici...
    Magistrate lectures man whose father and uncle were murdered
    Front Page
    Magistrate lectures man whose father and uncle were murdered
    Webmaster 
    July 24, 2026
    Chief Magistrate Colin John, this week used an opportunity provided by the Serious Offences Court (SOC) to give advice to a man whose father and uncle...
    News
    GECCU disburses $thousands in  bursaries and scholarships
    News
    GECCU disburses $thousands in bursaries and scholarships
    Webmaster 
    July 24, 2026
    The General Employees’ Co-operative Credit Union (GECCU) has awarded 199 bursaries and 14 scholarships to successful students in the 2026 Caribbean Pr...
    PM Friday pays tribute to Sir Gary Sobers: ‘The Best Cricketer the World has ever seen’
    News
    PM Friday pays tribute to Sir Gary Sobers: ‘The Best Cricketer the World has ever seen’
    Webmaster 
    July 24, 2026
    Prime Minister Godwin Friday, has paid tribute to Barbadian cricketing great Sir Garfield Sobers, labelling him as the best cricketer the world has ev...
    Former GECCU Scholar urges new recipients to move forward with courage
    News
    Former GECCU Scholar urges new recipients to move forward with courage
    Webmaster 
    July 24, 2026
    Former General Employees’ Co-operative Credit Union (GECCU) scholarship recipient and now Barrister-at-Law, Kaylia Toney, has encouraged the 2026 scho...
    Three receive scholarships from the Agricultural Input Warehouse
    News
    Three receive scholarships from the Agricultural Input Warehouse
    Webmaster 
    July 24, 2026
    Three students who were successful at the 2026 CPEA examination have received scholarships from the Agricultural Input Warehouse (AIW) Limited. On Jul...
    Murals unveiled at the Arnos Vale Sports Complex
    News
    Murals unveiled at the Arnos Vale Sports Complex
    Webmaster 
    July 24, 2026
    The Ministry of Youth, Sports, Culture and Creative Industries has added another vibrant display of public art to St. Vincent and the Grenadines (SVG)...

    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