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
      • 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
      • 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
    The puzzle of the missing plane…
    Front Page
    The puzzle of the missing plane…
    Mystery light aircraft located
    Webmaster 
    June 16, 2026
    A TWIN-ENGINE Beechcraft 58P aircraft that was reported missing since Friday, June 12, 2026 after it left the Argyle International Airport, has been l...
    Lowmans Leeward man disappears, mother fearing the worse
    Front Page
    Lowmans Leeward man disappears, mother fearing the worse
    Webmaster 
    June 16, 2026
    A LOWMAN’S LEEWARD MAN, Roman “Romey” Pierre, also known as “Rome” and “Mikhail” is missing and his mother MonishaYoung is fearing the worse. On Monda...
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Front Page
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Webmaster 
    June 16, 2026
    THREE-TIME defending Carnival Band of theYear Blondie Bird and Friends Mas Band, is hoping to extend its winning streak this year despite ongoing chal...
    Ragga  Soca Monarch 2023 makes his return in 2026
    Front Page
    Ragga Soca Monarch 2023 makes his return in 2026
    Webmaster 
    June 16, 2026
    AFTER STEPPING AWAY from the competitive Soca arena to further his education, 2023 Ragga Soca Monarch Javid “Jay-R” Rouse says he is ready to make his...
    Ministry of National Security kicks off Public Service Week today
    Press Release
    Ministry of National Security kicks off Public Service Week today
    Webmaster 
    June 16, 2026
    THE MINISTRY OF National Security, through the Public Sector Reform Unit (PSRU), said it will be observing Public Service Day on June 23, 2026, with t...
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    Stubbs man killed in Dominica
    News
    Stubbs man killed in Dominica
    Webmaster 
    June 16, 2026
    FOR THE SECOND TIME this year, a Vincentian living abroad has been shot and killed. The latest Vincentian to succumb to gun violence overseas is Joshw...
    Court to hear from Ministry of Health on psychiatric reports
    From the Courts, News
    Court to hear from Ministry of Health on psychiatric reports
    Webmaster 
    June 16, 2026
    THE SERIOUS OFFENCES COURT (SOC) is asking that at least two professionals from the Ministry of Health appear in court during the first week in July t...
    North Leeward residents propose use from returns of Sand mining project
    News
    North Leeward residents propose use from returns of Sand mining project
    Webmaster 
    June 16, 2026
    NORTH LEEWARD RESIDENTS are calling for greater investment in their communities from proceeds generated through sand extraction activities in the Rose...
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    News
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    Webmaster 
    June 16, 2026
    WHILE former Prime Minister Ralph Gonsalves congratulated the newly appointed Permanent Secretaries, he said that the New Democratic Party(NDP) is beh...

    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