McKenzie Friends: What are they and what can they do?
About McKenzie Friends
If you are attending a court hearing without the support of a Solicitor or Barrister (your counsel) then you have the right to have reasonable assistance from a layperson (someone who is not a Legal Professional). This person is sometimes referred to as a McKenzie Friend.
Litigants assisted by McKenzie Friends remain 'litigants-in-person'. McKenzie Friends have no independent right to provide assistance and they have no right to act as advocates or to carry out the conduct of litigation.
If you intend to use a McKenzie Friend then you should notify the court at the earliest opportunity and the McKenzie Friend should produce a short curriculum vitae or other statement setting out relevant experience, confirming that he or she has no interest in the case and understands their role and the duty of confidentiality.
It's important to note that the court retains the power to refuse to permit assistance from a McKenzie Friend. In proceedings relating to children (i.e. in closed court) then the litigant will need to justify the McKenzie Friend's presence in court. The court can refuse if they believe that, in that case, the interests of justice and fairness do not require the litigant to receive such assistance. It's also possible for the other party to object to the presence or assistance given by the McKenzie Friend, however it is for the court or the objecting party to provide sufficient reasons why the assistance should not be permitted.
What McKenzie Friends may do
- provide moral support for litigants;
- take notes;
- help with case papers;
- quietly give advice on any aspect of the conduct of the case.
What McKenzie Friends are prohibited from doing
- act as the litigants’ agent in relation to the proceedings;
- manage litigants’ cases outside court, for example by signing court documents;
- address the court, make oral submissions or examine witnesses.
You can find a McKenzie Friend
here.
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