amicus curiae

In some litigation, a third party to the substantive dispute may have good reason to make submissions to the court to assist the court reach its decision in the substantive dispute to be determined by the court. Usually, all persons that do not have locus standi or do not have a direct interest in the outcome of the dispute are precluded from participating in the litigation. An amicus curiae is an exception to this general rule.

For instance, where a substantive dispute between two parties involves the processes relating to public health, a representative body such as the General Medical Council may apply to the court or be invited to make independent submissions which assist the court in determining the case.

The term amicus curiae was replaced in the Civil Procedure Rules by the term 'Advocate to the Court'.

[Latin: A friend of the court or tribunal]

Usage: The National Institute for Health and Clinical Excellence applied to the Court in the litigation to make submissions in respect to cost effectiveness of new pharmeceutical treatments.

Related Words: locus standi; litigation; cause of action; pleadings; particulars of claim; defence: litigation.