What the hell do I do and how do I apply to a Court?

[4bagpuss]

I'm not sure where to start, a sibling was involved in a car accident acquiring a brain injury. The upshot of this is occasional forgetfulness and a new found belief in conspiracy theories/mental health issues with anxiety. The Solicitors acting for him (recommended by their case manager) suggested he would get a bigger pay out by undertaking a capacity assessment, so if a Deputy was needed to manage his financial affairs the Solicitors could do this, and a Litigation Friend (LF) to act on his behalf for litigation.

Solicitors recommended I act as the LF as their report they paid for confirmed he would be better served by having someone to litigate on his behalf and said it would simply involve in me helping him to make decisions. Of course I wanted to help so agreed, but then discovered by doing my own research that I could be potentially liable for court costs, despite my sibling being the Claimant, and the other side having admitted guilt to causing the accident, and was also fined by the Courts for dangerous driving.

I advised the Solicitors I couldn't act if there was any liability to costs (current costs estimate is around £375k over 4 years so far), but I had already been added by the Solicitors as I had said yes initially and they could use an electronic signature.

I have asked the Solicitors to remove me which they frequently queried, then said the Official Solicitor could act. After 18 months they said this is not possible, and the Official Solicitor refused to release me from my role. I am stuck in this role, I don't know how to apply to the Courts to remove me, and am absolutely scared to death that if the case doesn't go to plan, I can have a costs order placed against me, I am a full time working parent, with kids, mortgage etc, I would be made bankrupt by this.

Does anyone at all have any experience of this, and how a LF can apply to the Courts to remove me? I have sent many polite emails to the Solicitor stating that I need to be removed, and am now on bad terms with my sibling who can't see the problem, but my emails are ignored, or I am fobbed off. What do I do?!

Thank you to anyone who has made it through my ramblings

It is unusual for a LF to be found liabile to pay costs - but I appreciate that's of little comfort.
A person consenting to act as LF gives an undertaking (binding promise to the court) regarding costs. IF this wasn't explained to you by the Solicitors acting for the Claimant before you agreed to act as LF then I suggest that you write to the solicitor and point this out to them and make clear that, should an order for costs is made against you, you will (a) complain to the SRA (b) seek to recover said costs from the firm.
If you knew the potential liability re costs before you agreed to act as LF obviously that's not an option.
The Official Solicitor only acts as LF " of last resort" ie where no-one else is available or suitable to act. It's therefore not surprising or uncommon that the OS wouldn't take the case on.
If you did apply to the court to be replaced as LF the court would want assurances that someone else is ready, able and willing to step into the LF role to keep the case on track.
I am not a personal injury lawyer and this is not legal advice but, if liability is admitted and the proceedings are about the amount of damages (quantum) then you would be very, very unlikely to be at risk of costs as the case will likely settle and so long as you follow the advice you are given about the value of the claim (e.g. if the solicitors you instruct advise the claim is worth £250k don't doggedly hold out for £300k) you are unlikely to encounter any problems. Good luck to you & your sibling

Thank you so much for your helpful reply, that is explained very succinctly and sickens me that this was never explained, I feel very tricked into this role. Is there a way I can contact the courts to put forward a case for my removal as I don’t trust the solicitors to do this? Thank you again

You do need to consider that stepping down as LF will bring your sibling's claim to a halt - followed by a long delay while the solicitors again refer the case to the OS (with the OS hopefully then accepting that the last resort option does need to be invoked.)
Assuming that situation is overborne by your desire not to continue as LF, I would imagine that you really are best going back to them to apply for your removal as LF, despite your reservations about their conduct so fa (although do please bear in mind that I am not a PI lawyer.)
You may find that an email to the person you have been dealing with (who may be a junior member of staff who hasn't encountered this situation before) copied to the Head of Department (they'll be on the firm's website) and the managing partner (ditto) with the following information:

(Siblings Name) by their litigation friend (your name)v (other party)

Instructions to apply for removal of Litigation Friend

I was asked to act as LF for my sibling and agreed to do so. However, no-one from your firm explained to me that I am personally at risk regarding costs prior to my acceptance of the role. The relevant forms(s) were submitted by (name of fee earner) with an e-signature attached and without me having understood the potential implications of taking on this role.

I have subsequently confirmed, via my own research, the potential risk regarding costs. I would not have agreed to act as LF had this been explained to me by your firm.

I have asked you to find an alternative LF but the OS has refused to act. I have established - again via my own enquiries - that this is likely because the OS does not consider that this is a "last resort" situation due to my having been misled into accepting the role.

This email is a formal complaint about your firm. The resolution I seek is that you make an application for my removal as LF for my sibling on the above basis within 7 days and provide an undertaking to me that if that application is unsuccessful you will indemnify me in relation to any costs liability I incur in continuing to act, unwillingly, as LF.

Obviously the downside of the above approach is that if the firn can demonstrate that they did provide you with all the information re costs etc you'll look a bit silly but by sending the above email they'd likely take the view that you are not a suitable LF anyway.