President's Guidance: McKenzie Friends
| Jurisdiction | England & Wales |
| Judgment Date | 14 April 2008 |
| Date | 2005 |
| Court | Family Division |
Practice – Hearings – Litigants in person – Assistance from layperson or McKenzie Friend – Guidance.
In the light of the growth of litigants in person in all levels of family court, the President issues this guidance, which supersedes that of 13 May 2005. [2005] Fam Law 405, and is to be regarded as a reminder that the attendance of a McKenzie friend will often be of advantage to the court in ensuring the litigant in person receives a fair hearing.
• A litigant who is not legally represented has the right to have reasonable assistance from a layperson, sometimes called a McKenzie Friend (‘MF’). This is the case even where the proceedings relate to a child and are being heard in private.
• A litigant in person wishing to have the help of a MF should be allowed such help unless the judge is satisfied that fairness and the interests of justice do not so require. The presumption in favour of permitting a MF is a strong one.
• A litigant in person intending to make a request for the assistance of a MF should be encouraged to make the application as soon as possible indicating who the MF will be.
• It will be most helpful to the litigant in person and to the court if the particular MF is in a position to advise the litigant in person throughout the proceedings.
• A favourable decision by the court, allowing the assistance of a MF, should be regarded as final and not as something which another party can ask the court to revisit later, save on the ground of misconduct by the MF or on the ground that the MF’s continuing presence will impede the efficient administration of justice.
• When considering any request for the assistance of a MF, the Human Rights Act 1998 Sch 1, Pt 1, art 6 is engaged; the court should consider the matter judicially, allowing the litigant reasonable opportunity to develop the argument in favour of the request.
• The litigant in person should not be required to justify his desire to have a MF; in the event of objection, it is for the objecting party to rebut the presumption in favour of allowing the MF to attend.
• Factors which should not outweigh the presumption in favour of allowing the assistance of a MF include
o the fact that proceedings are confidential and that the court papers contain sensitive information relating to the family’s affairs
o the fact that the litigant in person appears to be capable of conducting the case without the assistance of a MF
o the fact that the litigant in person is unrepresented through choice
o the...
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N (A Child)
...I should refer to the guidance issued by the President of the Family Division, Sir Mark Potter P, on 13 May 2005 and published at [2005] Fam Law 405. The relevant part of this provided as follows: “A court may grant an unqualified person a right of audience in exceptional circumstances onl......
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President's Guidance: McKenzie Friends
...growth of litigants in person in all levels of family court, the President issues this guidance, which supersedes that of 13 May 2005 ([2005] Fam Law 405), and is to be regarded as a reminder that the attendance of a McKenzie friend will often be of advantage to the court in ensuring the li......