From the housing team at Garden Court Chambers, Tim Baldwin is an accomplished training
known for his fierce commitment to his work for a myriad of clients facing various housing
difficulties: from people in social housing, to Gypsies and Travellers and the homeless.

Here Tim unpacks the role (and risks) of a litigation friend, who serve a “protected party” who
lacks capacity to conduct proceedings as defined under the Mental Capacity Act of 2005. He
looks at this in the specific context of housing and homelessness cases. He refers to
relevant case law, guidance and statute.

Key Words/Topics
Protected Parties and Protected Beneficiaries
Part 21 CPR
Risk of Costs
Disputes with Protected Party
Distinction between Adults and Children urgent cases.
Anonymity Orders and compromise
Assessment of capacity and continued review.
The Mental Capacity Act 2005
Conduct Proceedings
Glover v Barker [2020] EWCA Civ 1112
Folks v Faizey [2006] EWCA Civ 381