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McKenzie Friend
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Someone who assists an
unrepresented party in court - is to aid the litigant by taking notes,
organising papers and giving advice. He is not an advocate and has no
rights of audience, but may speak if invited by the judge. A "McKenzie"
can help to calm a litigant, and is often his only witness to proceedings. |
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Lord Tenterden in 1831
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"Any
person, whether he be a professional man or not, may attend as a friend
of either party, may take notes, may quietly make suggestions, and give
advice."
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McKenzie v McKenzie (1970)
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Lord Justice Sachs ruled that
"It is . . . in the public interest that litigants should be seen to have
all available aid in conducting cases in court surroundings, which must of
their nature to them seem both difficult and strange." |
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Some judges refuse to admit
McKenzie Friends |
In chambers judicial opinion is
less consistent, opposed by hostile lawyers (with assistants and often
funded by legal aid), the poor are being penalised. |
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Lord Woolf, Master of the
Rolls |
Decreed that it may be
"undesirable in the interests of justice" for a McKenzie Friend to be
present in chambers; judges could decide that a litigant "had no need" of
assistance and that proceedings were "confidential".
Worse, he reduced the right to a McKenzie Friend in open court to a matter
of judicial discretion. |
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Most affected are fathers
seeking access to their children: |
Few other people use a McKenzie
Friend in chambers. And while there are valid reasons for exclusion, the
judgment seemed more concerned with judicial privilege than with the
rights of ordinary citizens.
A regular McKenzie friend in paternity matters is Dr
Pelling who in
Pelling v Johnson won damages after being assaulted by a court
tipstaff.
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Lord Chancellor has "no plans" to give them
a statutory footing |
McKenzie Friends do not feature
in the Access to Justice Act 1999 |
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Other lay representatives |
Lay representatives - that means anyone who is not a
lawyer with rights of audience - can represent another person in a
tribunal. Many volunteers at Citizen Advice Bureaux will speak for
clients who are not able to do so for themselves (perhaps they are ill, do
not speak English, or just unduly nervous).
This issue was raised in
Avinue Ltd v Sunrule
Ltd (2003) CA where it was held that the
Civil Procedure Rules
Para 3.2(3) enabled a court to permit a lay representative to exercise the
right of audience unless otherwise excluded.
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