Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
Unequal chances? Ethnic disproportionality in child welfare and family justice
Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society.In the family justice...
Changes to the law on Domestic Abuse
Official statistics (ONS (2016), March 2015 Crime Survey for England and Wales (CSEW)) show that around 2 million people suffer from some form of domestic abuse each year in the UK. In...
Managing costs in complex children cases
In November 2020 Spice Girl Mel B was in the news, despairing about how the legal costs of trying to relocate her daughter Madison from the US to England were likely to bankrupt her, leading to her...
View all articles
Authors

Time to nip paid McKenzie Friends in the Family Court in the bud?

Sep 29, 2018, 19:59 PM
mckenzie friends, litigants in person, family law, unrepresented
Paid McKenzie Friends in family law cases vary from ‘business opportunists’ through ‘good Samaritans’ to ‘family justice crusaders’ and ‘rogues’.
Slug : time-to-nip-paid-mckenzie-friends-in-family-court-in-the-bud
Meta Title : Time to nip paid McKenzie Friends in family court in the bud?
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 16, 2017, 08:50 AM
Article ID : 114213

Paid McKenzie Friends in family law cases vary from ‘business opportunists’ through ‘good Samaritans’ to ‘family justice crusaders’ and ‘rogues’.


DIY Divorce and Separation
The expert guide to representing yourself


If you are looking to represent yourself in court this book will de-mystify the legal process and arm you with the know-how and confidence to achieve a successful outcome. 




Research, commissioned by the Bar Council and carried out by the Universities of Cardiff and Bristol, found evidence of McKenzie Friends ‘whose active efforts to exercise rights of audience presented difficulties’, although others referred clients on to specialists where appropriate. It concluded that ‘there is enough that is concerning in relation to fee-charging McKenzie Friends to merit efforts to tackle the worst of the sector’.

About 100 fee-charging McKenzie Friends are operating in England and Wales. However, it is impossible to gauge the exact number. Moreover, the bulk of work is delivered outside the courtroom, with few McKenzie Friends seeking to represent their litigant in person clients in court.

Chairman of the Bar, Andrew Langdon QC, said: 

‘It is particularly interesting that the courtroom – where the very concept of McKenzie Friends as “quiet supporters” for a litigant was born – is not primarily where those who pay them are receiving their services today. In that sense, what we see in court represents the tip of the iceberg. The risks of McKenzie Friends being able to seek payment for representing their clients in court, despite being unqualified and offering no disciplinary process and no requirement to have insurance, are considerable and so vulnerable clients have little protection.

The research suggests that the number of paid McKenzie Friends seeking judges’ permission to represent clients in court at present is smaller than many feared, and one view is that it can and should be nipped in the bud without impacting on access to justice.’
Categories :
  • Articles
Tags :
maze
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from