Going to court can be intimidating, especially if you don’t have a lawyer. Legal proceedings often involve unfamiliar terminology, complex paperwork, and strict procedures. For many people in the UK, hiring a solicitor or barrister can also be expensive, leaving them unsure of how to represent themselves effectively.
That’s where McKenzie Friends come in. These individuals provide valuable support to people representing themselves in court (known as litigants in person), offering guidance and practical assistance throughout the process. But what exactly can a McKenzie Friend do, and where are the boundaries?
In this blog, we’ll take a closer look at the role, rights, and limits of McKenzie Friends in the UK, tracing their origin, the rules governing them, and answering a common question: Can a McKenzie Friend speak in court?
The Origin of the McKenzie Friend
The term McKenzie Friend comes from a landmark 1970 case known as McKenzie v McKenzie, the foundation of what we now understand as the McKenzie Friend origin.
In that case, an Australian man named Mr. McKenzie was involved in divorce proceedings in the UK. He could not afford a solicitor but had a legally trained friend willing to help him in court. However, the judge at the time refused to let the friend sit beside him or assist him during the hearing.
Mr. McKenzie appealed the decision, and the Court of Appeal ruled that he should have been allowed the assistance. The judgment established the principle that a litigant in person is entitled to have a layperson (a non-lawyer) provide moral and practical support during court proceedings.
This ruling laid the groundwork for the modern concept of a McKenzie Friend. What began as a single case has since evolved into a crucial aspect of access to justice in the UK.
The Role of a McKenzie Friend
The role of a McKenzie Friend is mainly to provide support. They assist the litigant in remaining organised, focused, and confident in what can be a very stressful setting. According to the official McKenzie Friend Rules (as acknowledged by the UK judiciary), their responsibilities may encompass:
- Taking notes during court sessions;
- Offering quiet advice and guidance throughout the proceedings;
- Helping to arrange case papers and documents;
- Providing moral support and reassurance;
- Assisting with paperwork and court forms before or after the hearing.
In essence, they serve as an additional set of eyes, ears, and hands, aiding the litigant in following the proceedings and making well-informed choices.
Rights of a McKenzie Friend
Under the principles established in McKenzie v McKenzie, every litigant in person has the right to reasonable assistance from a McKenzie Friend. This includes:
- Sitting beside the litigant during the hearing.
- Providing quiet advice and support.
- Helping with paperwork and case preparation.
- Not being excluded from the courtroom unless there’s a valid reason.
Courts must respect these rights unless there’s evidence that the McKenzie Friend’s behaviour or presence could disrupt proceedings, breach confidentiality, or undermine the interests of justice.
Limitations of a McKenzie Friend
Although McKenzie Friends provide vital support, their powers are limited. Understanding these limits is important to ensure the process remains fair and efficient.
Here’s what McKenzie Friend Rules do not allow:
- They cannot act as a legal representative or sign court documents on behalf of the litigant.
- They cannot charge unreasonable fees (especially if unqualified).
- They cannot act in a misleading or disruptive way during hearings.
- They cannot give legal advice if they are not qualified or regulated to do so.
If a McKenzie Friend oversteps their boundaries, the judge has the authority to restrict or remove them from proceedings.
The Importance of McKenzie Friends in Ensuring Access to Justice
The justice system in the UK acknowledges that not everyone has the means to hire a lawyer, especially following reductions in legal aid across various legal areas, including family and housing disputes. McKenzie Friends serve a vital function in closing this gap. They enable individuals to effectively advocate for themselves, enhancing their confidence and aiding their comprehension of court proceedings. Often, their support alleviates stress and assists the litigant in articulating their case more effectively. For those who might otherwise feel overwhelmed by the legal system, a skilled McKenzie Friend can be the key to transforming confusion into understanding.
Judicial Guidance and McKenzie Friend Rules
The judiciary has issued detailed guidance outlining how McKenzie Friends should behave. These McKenzie Friend Rules ensure that both the litigant and the court benefit from their assistance without compromising fairness or decorum.
Key points include:
- McKenzie Friends should always act with honesty and integrity.
- They must respect confidentiality at all times.
- They should not mislead the court about their qualifications.
- They must not act in a way that causes disruption or delay.
- They must avoid giving unregulated legal advice.
Judges also have discretion to remove or limit a McKenzie Friend’s involvement if they behave inappropriately or if their presence becomes counterproductive.
Conclusion
McKenzie Friends have become an essential part of the UK’s legal landscape. They bridge the gap between self-representation and professional legal assistance, offering practical, emotional, and moral support to those who might otherwise face the courts alone. For more information and guidance, contact us now.
