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Free N235 Litigation Friend Certificate Builder

Led by Diellza Nika Hyseni and Mentor Nika · Updated 22 October 2026

Fill in the official HMCTS certificate of suitability of litigation friend in minutes, for a child or a protected party: the right boxes ticked, the words that do not apply struck through, and who may act, service and the statement of truth checked against CPR Part 21. From DMD Costs, law costs draftsmen in Westhoughton, Bolton.

  • Free, with no sign-up
  • No paywall, no watermark
  • The official HMCTS form
  • Nothing leaves your browser

Fill in the boxes below; the checks and the form update as you type. Nothing leaves your browser.

The claim
Printed at the foot of the form: “The court office at …”.
The person you will act for
You will act for the
They are
Which describes you?
What you confirm
About you
Title
The form asks for capitals: the builder writes them.
Service and signature

The builder applies CPR Part 21, as it stood on 22 October 2026, to the official form N235 (10.07). Check every box against your file before filing. It is a guide, not legal advice.

Key points

  • DMD Costs’ N235 builder is a free online tool that fills in the official HMCTS Form N235, the certificate of suitability of litigation friend, and downloads it as a PDF ready to sign, serve and file.
  • It is completely free, with no sign-up or paywall, and runs in your browser; nothing you enter is sent to DMD Costs.
  • A protected party must have a litigation friend to conduct proceedings on their behalf, and so must a child unless the court permits the child to conduct them alone (CPR 21.2). A child is a person under 18; a protected party is a party who lacks capacity to conduct the proceedings within the meaning of the Mental Capacity Act 2005 (CPR 21.1(2)).
  • Without a court order, anyone other than a Court of Protection deputy with power to conduct the proceedings becomes a litigation friend by filing a certificate of suitability on Form N235, the prescribed form: when the claim is made if acting for a claimant, or when first taking a step in the proceedings on a defendant’s behalf (CPR 21.5(3) and (4)).
  • The litigation friend must be able to conduct the proceedings fairly and competently, have no interest adverse to the child’s or protected party’s, and, for a claimant, undertake to pay any costs the claimant is ordered to pay, subject to any right to be repaid from the child’s or protected party’s assets (CPR 21.4(3)).
  • The certificate must be served on every person on whom the claim form should be served under CPR 6.13, and a certificate of service filed with it (CPR 21.5(5)).
  • The certificate must be verified by a statement of truth (CPR 21.5(4)). The official form, N235 (10.07), does not print one, so the builder gives the wording to add.
  • A deputy appointed by the Court of Protection with power to conduct the proceedings does not use Form N235: the deputy files an official copy of the Court of Protection order instead (CPR 21.4(2) and 21.5(2)).

How to use the N235 builder

  1. Enter the claim. Enter the court and the parties, with references, and the claim number if the claim has been issued.
  2. Say whom you will act for. Choose the claimant or the defendant, and whether they are a child or a protected party, and give their full name. For a protected party, give your reasons for believing they lack capacity to conduct the proceedings.
  3. Confirm you can act. Confirm that you can conduct the proceedings fairly and competently and have no adverse interest and, for a claimant, give the undertaking as to costs. For a defendant the builder strikes the undertaking through.
  4. Give your details. Enter your title, name and the address to which documents in the case are to be sent.
  5. Plan service and sign. Choose the person you will serve under CPR 6.13 and the date. Copy the statement of truth the builder gives, to sign with the certificate.
  6. Download, serve and file. Download the filled N235, check it, sign it, serve it, and file it with a certificate of service (Form N215).

Who may be a litigation friend without a court order

Where the court has not appointed a litigation friend, and for a protected party there is no Court of Protection deputy with power to conduct the proceedings, a person may act if they can fairly and competently conduct the proceedings on behalf of the child or protected party, have no interest adverse to theirs and, where the child or protected party is a claimant, undertake to pay any costs that the claimant is ordered to pay, subject to any right to be repaid from the child’s or protected party’s assets (CPR 21.4(3)). The form states each of these for the litigation friend to sign; the undertaking is deleted when acting for a defendant.

A Court of Protection deputy

A deputy appointed by the Court of Protection with power to conduct proceedings on the protected party’s behalf is entitled to be the protected party’s litigation friend in any proceedings to which the power extends (CPR 21.4(2)). The deputy does not complete Form N235, but files an official copy of the order of the Court of Protection that confers the power to act, at the same stage as a certificate would be filed (CPR 21.5(2)).

Serving the certificate

The litigation friend serves the certificate on every person on whom the claim form should be served under CPR 6.13 and files a certificate of service, Form N215, when filing the certificate of suitability (CPR 21.5(5)). Where the grounds for believing that a party lacks capacity are based on expert opinion, a copy of the opinion must be served, either with the certificate or separately (CPR 21.5(6)). Fill in the certificate of service with the free N215 builder.

The statement of truth the form is missing

CPR 21.5(4) requires the certificate of suitability to be verified by a statement of truth (in the rule since 6 April 2023; before then the requirement was in Practice Direction 21, which was revoked that day). The official form, N235 (10.07), was published in 2007 and its sign-off is “I certify that the information given in this form is correct”. No form of words is prescribed for a certificate of suitability; following the form PD 22 para 2.1 gives for a statement of case, the statement of truth for the certificate reads:

I believe that the facts stated in this certificate of suitability are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

A party may vary a form where the circumstances of the case require it, but must not leave out any information or guidance it contains (CPR r.4(4) and (5)). A statement of truth in a separate document must be headed with the title of the proceedings and the claim number, and clearly identify the document it verifies (CPR 22.1(7); PD 22 para 2.5). For the wording for other documents, use the statement of truth wording picker.

Sources

Frequently asked questions

Yes. It is completely free, with no sign-up, no paywall and no limit. It fills in the official HMCTS form in your browser, and nothing you type is sent to DMD Costs.
It is the document by which a person becomes a litigation friend without a court order. It states that the person agrees to act, knows or believes that the party is a child or lacks capacity to conduct the proceedings (with the grounds, in the second case), and meets the requirements of CPR 21.4(3) (CPR 21.5(4)). It must follow the prescribed form, which is Form N235 (CPR 21.5(4); CPR r.4(2)).
For a claimant, at the time when the claim is made; for a defendant, at the time when the litigation friend first takes a step in the proceedings on the defendant’s behalf (CPR 21.5(3)). Any step taken before a child or protected party has a litigation friend has no effect unless the court orders otherwise (CPR 21.3(4)).
If nobody has been appointed by the court, or as a Court of Protection deputy, a person may act as a litigation friend if they can fairly and competently conduct the proceedings on behalf of the child or protected party, have no interest adverse to theirs and, where the child or protected party is a claimant, undertake to pay any costs that the claimant is ordered to pay, subject to any right to be repaid from the assets of the child or protected party (CPR 21.4(3)).
Every person on whom the claim form should be served under CPR 6.13 (CPR 21.5(5)(a)). For a child, that is one of the child’s parents or guardians or, if there is none, an adult with whom the child resides or in whose care the child is. For a protected party, it is the attorney under a registered enduring power of attorney, the donee of a lasting power of attorney or the deputy appointed by the Court of Protection, or, if there is no such person, an adult with whom the protected party resides or in whose care they are (CPR 6.13(1) and (2)). A certificate of service is filed when the certificate of suitability is filed (CPR 21.5(5)(b)).
No. A deputy appointed by the Court of Protection with power to conduct proceedings on the protected party’s behalf is entitled to be their litigation friend in any proceedings to which the power extends (CPR 21.4(2)). The deputy files an official copy of the Court of Protection order that confers the power to act: when the claim is made if the protected party is to be a claimant, or when the deputy first takes a step in the proceedings on the defendant’s behalf (CPR 21.5(2)). The form itself says so.
Yes. The certificate of suitability must be verified by a statement of truth (CPR 21.5(4)). The official form, N235 (10.07), carries only “I certify that the information given in this form is correct”. No form of words is prescribed for a certificate of suitability; following the form PD 22 para 2.1 gives for a statement of case, it reads: “I believe that the facts stated in this certificate of suitability are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.” A form may be varied where the circumstances of the case require it, so long as no information or guidance it contains is left out (CPR r.4(4) and (5)); a statement of truth in a separate document must be headed with the title of the proceedings and the claim number and clearly identify the document it verifies (CPR 22.1(7); PD 22 para 2.5).
Give the grounds for your belief on page 2 of the form (CPR 21.5(4)(b)); the form also asks you to attach a copy of any medical evidence in support. Where the grounds are based on expert opinion, a copy of the opinion must be served, either with the certificate of suitability or separately (CPR 21.5(6)).
As “[name] (a [child] [protected party]) by [name] as litigation friend” (CPR 21.2(6)). A child conducting the proceedings on their own behalf is named “[name] (a child)” (CPR 21.2(7)).
When a child who is not a protected party reaches 18, the litigation friend’s appointment ceases (CPR 21.9(1)). The party must then serve notice on the other parties stating that the appointment has ceased, giving an address for service and saying whether they intend to carry on the proceedings; a former child’s notice must say they have reached 18 and be signed by them personally (CPR 21.9(4) and (5)). The litigation friend’s liability for costs continues until that notice is served or the former litigation friend serves notice on the parties that their appointment has ceased (CPR 21.9(7)).
The court may appoint a litigation friend, on an application under Part 23 by a person who wishes to be the litigation friend or by a party, supported by evidence of the matters in CPR 21.4(3) (CPR 21.6(1), (2) and (4)). Where the proposed litigation friend is the Official Solicitor, the order must provide for payment of any charges, expenses or disbursements (CPR 21.6(6)).

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