ABSTRACT
A minor (formerly ‘infant’) is a person who is under the age of 18, and is at common law under disability. A minor must generally have a person called a ‘next friend’ to conduct proceedings on his behalf,1 although there is provision in the CPR for the court to permit the minor to conduct proceedings himself.2 Where next friends are appointed, the title of the action should read:
BETWEEN
JOYCE EDAM (a minor by NADIA EDAM her next friend) CLAIMANT
AND
BRIAN RICHARDS (a minor by ERNEST RICHARDS his next friend) DEFENDANT
A claimant who intends to bring an action against a minor should name the next friend on the claim form and serve the claim form on the next friend; for example, where in a running down action in which the defendant is a minor, the defendant’s insurance company has become involved in the negotiations and has appointed a next friend to conduct the defence. If no next friend has been appointed, a claimant may still issue proceedings against the minor, but may take no step beyond issuing and serving a claim form.3 The claimant must immediately apply to the court for the appointment of a next friend before the claim can be pursued further.
