Question 1 of 10

You are acting for David Jones, aged 16, who is the intended claimant in a claim for personal injuries. The decision has been taken to issue proceedings against Jason Christie, the driver of a milk tanker, and his employer, Davenshire Dairies plc, for going through a red light and causing the collision with the car David was travelling in, being driven by his father, Gareth Jones. David’s mother, Sian Jones, was a passenger in the car and suffered whiplash and minor facial injuries. During compliance with the relevant protocol, the prospective defendants indicated that they would be blaming Gareth Jones for the collision as they allege it is he who drove through the red light at the crossing. You have been asked to advise as to who should be appointed to represent David Jones as a litigation friend. Apart from his parents, David does not have any other person who is willing to act as his litigation friend. Which ONE of the following statements sets out the BEST ADVICE to provide on this set of facts?

A. David should make an application to the court requesting that he should be able to conduct proceedings without a litigation friend. This would enable him to accept any settlement offered by Davenshire Dairies without court approval. B. As both parents were witnesses to the accident and are likely to be giving evidence, they have an adverse interest and may not be David’s litigation friend. C. David’s mother, Sian Jones, can act as the litigation friend and can do so without a court order as she satisfies the conditions for the role. D. David’s father, Gareth Jones, can act as the litigation friend and can do so without a court order because he satisfies the conditions for the role.