Practice Note 03/12 - McKenzie Friends (Civil and Family Courts)
| Jurisdiction | Northern Ireland |
| Neutral Citation | Practice Note 03/12 - McKenzie Friends (Civil and Family Courts) |
| Court | Court of Judicature (NI) |
| Date | 05 September 2012 |
Practice Note 3/2012
McKenzie Friends (Civil and Family Courts)
1) This Practice Note applies to civil and family proceedings in the Court of Appeal
(Civil Division), the High Court of Justice, the County Courts and the Family
Proceedings Court in the Magistrates’ Court. It does not apply in criminal cases. It is
issued as guidance (not as a Practice Direction) by the Lord Chief Justice. It is
intended to remind courts and litigants of the principles set out in the
authorities[1] and does not change the law. It supersedes any previous guidance. It is
issued in light of the increase in personal litigants in all levels of the civil and family
courts.
Part I – Reasonable assistance from a McKenzie Friend
2) There is a presumption in favour of permitting a personal litigant to have
reasonable assistance from a layperson, sometimes called a McKenzie Friend,.
Personal litigants assisted by McKenzie Friends remain litigants-in-person.
McKenzie Friends have no independent right to provide assistance. They have no
right to act as advocates or to carry out the conduct of litigation. In McA v
McA [2006] 10 BNIL 63[2], Master Redpath held that a McKenzie Friend may be
allowed a right of audience in very exceptional circumstances.
What McKenzie Friends may do
3) McKenzie Friends may:
i) provide moral support for personal litigants;
ii) take notes with the permission of the judge;
iii) help with case papers;
iii) quietly give advice on any aspect of the conduct of the case which is being heard.
What McKenzie Friends may not do
4) McKenzie Friends may not:
i) Conduct the litigation, acting as the personal litigant’s agent in relation to the
proceedings;
ii) Manage the personal litigant’s cases outside court, for example by signing court
documents; or
iii) Exercise a right of audience by addressing the court, making oral submissions or
examining witnesses unless this has, in very exceptional circumstances, been
authorised by the court.
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