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Does a McKenzie Friend have many real friends in the legal profession?
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With government statistics confirming that in 34% of private law disputes neither party has the benefit of legal representation from either a barrister or a solicitor it is perhaps of no surprise that more litigants are relying on a McKenzie Friend. The term McKenzie Friend derives from the case of McKenzie v McKenzie [1970] 3 WLR 472. It was a defended divorce case in which the husband sought to be assisted by his friend a young Australian barrister who whilst not qualified within the UK was proposing to offer the husband support and some prompting on appropriate questions to ask the wife on a pro bono basis. The judge was less than impressed. The husband subsequently appealed. The Court of Appeal upheld the appeal confirming that every party had the right to have a friend present in court to provide a form of support. As such a McKenzie friend is somebody who accompanies a litigant in person to a court hearing for the purpose of assisting him in such matters as taking notes providing moral support helping to organise the documents and on occasions whispering advice to the litigant.... Read the full article here.
