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McKenzie Friend

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McKenzie Friend 

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.

 

Lord Tenterden in 1831

"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."

McKenzie v McKenzie (1970)

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."

 

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.

 

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.

 

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.

 

Lord Chancellor has "no plans" to give them a statutory footing

 

McKenzie Friends do not feature in the Access to Justice Act 1999

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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