Education and Child Matters

I AM L.I.P

I am a Litigant In Person

What Is A McKenzie Friend?

 

WHAT IS A McKENZIE FRIEND?

A McKenzie friend is an individual who can attend a court hearing with a litigant in person – a person who is involved in court proceedings and is not represented by a solicitor or barrister. Permission is required by the judge presiding over the hearing.

WHAT CAN AND CANNOT A McKENZIE FRIEND DO?

A McKenzie friend is allowed to take notes, offer moral support, prompt, and quietly give advice to a litigant in person. They are not allowed to join in, contribute, or interfere in the court proceedings. However, it has been known that a McKenzie friend has asked the judge to allow them to have ‘rights of audience’ which means they can address the judge and examine a witness if the judge allows. This can be requested if you, as the litigant in person, are ill and cannot speak up in court or you are not articulate and it may be time saving for your McKenzie friend to speak on your behalf. Sometimes the court can receive a request that a McKenzie friend would like to examine a domestic violence victim. This is unusual and is normally not allowed. 

A McKenzie friend must also have no benefit from the outcome of your court case. They can be shown all the court papers, however, they must keep all the proceedings and what happens in court confidential. They also cannot act as the litigant in person’s solicitor, use their own address for correspondence, and manage the case. The litigant in person must make their own decisions.

WHO CAN BECOME A McKENZIE FRIEND?

Your friend, a family member, people who work for charities, and domestic violence organisations can all act as a McKenzie friend. A McKenzie friend does not have to be legally trained, insured, regulated, or have any professional legal qualifications.

CAN I FIND A PROFESSIONAL McKENZIE FRIEND WHO IS REGULATED WITH A CODE OF CONDUCT?

Yes, you can. There is a society of professional McKenzie friends. Members of this society follow a code of conduct. There is a complaints process, however, as of September 2021 this society is self-regulated.

LINK TO SOCIETY OF PROFESSIONAL McKENZIE FRIENDS.

DO McKENZIE FRIENDS CHARGE A FEE?

Usually they do not. However, now there are people that can be hired for a fee to act as your McKenzie friend. They are offering this service on the internet. If you go down this route, please read their website carefully, make sure their fee is not to high, and research if you can get the same help for free elsewhere. Many trainee solicitors are now offering this help for a fee, they will also help you put your paperwork together. 

There is a free charity based organisation called ‘support through court’ located in most family courts that deal with child arrangements. Their primary aim is to help, guide and support litigants in person. They are not allowed to give you legal advise. However, if you ask them they can act as a McKenzie friend and attend court with you. They will do this for FREE. 

LINK TO OUR L.I.P HELP GUIDE FOR ‘SUPPORT THROUGH COURT’

HOW DO YOU INFORM THE COURT?

A ‘notice of McKenzie friend’ form must be completed a few days before your court hearing and sent to the court and to your ex-partner/their barrister or solicitor. It is best to take a copy of this form on the day of the hearing.

LINK TO FORM FOR McKENZIE FRIEND

CAN THE COURT OR YOUR PARTNER AND HIS BARRISTER REFUSE OR OBJECT?

Yes, the court can refuse your request for a McKenzie friend. Your ex-partner/their barrister or solicitor can also object to your McKenzie friend. However, there must be solid grounds for refusal and these reasons have to be given at the start of the court hearing. The McKenzie friend is allowed to attend this part of the hearing and hear the reasons for the refusal. The court will consider whether it is fair that a McKenzie friend be allowed.

The judge’s refusal must have solid reasons. The following are NOT solid reasons for refusal – 

  • The other party/your ex-partner is a litigant in person.
  • The litigant in person does not need help because they chose to be a litigant in person.
  • The case does not require a McKenzie friend as it is straightforward.
  • The judge has a personal issue with the organisation the McKenzie friend belongs to.
  • The hearing is confidential.

The following are solid reasons for refusal – 

  • The McKenzie friend is a criminal.
  • The McKenzie friend will benefit from the outcome of the hearing.
  • The McKenzie friend is handling the whole case.
  • The McKenzie friend will not keep the hearing confidential.
  • The McKenzie friend is providing unreasonable help.

CAN A JUDGE QUESTION A McKENZIE FRIEND?

Yes, a judge/magistrate can, for example, they can ask your McKenzie friend about the organisation they represent. However, this does not mean your McKenzie friend has ‘rights of audience’ to speak in court after the judge questions them.

WHAT CAN YOU DO IF YOUR McKENZIE FRIEND IS FRIGHTENING OR DOMINATING YOU?

You can tell the court and judge that you do not want them in the court hearing with you. If they harass you, then you can call the police.