Re G (Chambers Proceedings: McKenzie Friend)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE PARKER,LORD JUSTICE BALCOMBE,LORD JUSTICE LEGGATT |
| Judgment Date | 10 July 1991 |
| Judgment citation (vLex) | [1991] EWCA Civ J0710-3 |
| Court | Court of Appeal (Civil Division) |
| Date | 10 July 1991 |
| Docket Number | 91/0679 |
[1991] EWCA Civ J0710-3
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION
PRINCIPAL REGISTRY
(Mr. Justice Waite)
Royal Courts of Justice
Lord Justice Parker
Lord Justice Balcombe
and
Lord Justice Leggatt
91/0679
MR. A. V. Le GRICE (instructed by Messrs Collier Bristow) appeared on behalf of the Respondent (Plaintiff).
The Appellant (First Defendant) appeared in person.
MISS K. DAVIDSON (instructed by the Official Solicitor) appeared on behalf of the Respondent (Second Defendant).
The appellant appeals in person from an order made by Mr. Justice Waite in proceedings in Chambers in the Family Division in which he desired to have a McKenzie friend to assist him in his presentation of his case.
The proceedings, which were the subject matter of the application before the judge, were simply this. The Official Solicitor, who appears for the ward Chloe Patricia "G" as her guardian ad litem and has some means of communication with her, desired to get before the court the fact that the ward wished to be dewarded. She is presently outside the jurisdication and presently aged 17 years and nine months. Not surprisingly the Official Solicitor considered that the court should be aware of that position and give him directions.
The learned judge took the view that the proceedings were of a highly confidential nature and that it was unnecessary for the appellant, Mr. G, to have a McKenzie friend. The particular McKenzie friend was a qualified solicitor who had full knowledge of the case, having read the papers beforehand. He was of a somewhat unusual nature for a McKenzie friend because he was to be remunerated for his services. He did not however put himself on the record. Mr. G desired merely that he should act in the capacity of a McKenzie friend who sits, takes notes, advises and prompts the litigant himself but in no way represents him.
The case of McKenzie v. McKenzie, which was the reason why such a person is called a McKenzie friend, is reported in [1970] 3 AER 1034. The proceedings there were proceedings in open court and there has been a further case recently where the matter arose, again in proceedings in...
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R v Bow County Court, ex parte Pelling
... ... on the 9 December 1997 to permit the applicant to act as a McKenzie Friend in a family proceedings chambers matter at Bow County Court ... ...
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Re O (Children) (Hearing in Private: Assistance)
...in family proceedings relating to children heard in chambers is Re G (Chambers Proceedings: McKenzie friend) which, although reported at [1999] 2 FLR 59. was heard on 10 July 1991. It is also the only case in this court in which a refusal at first instance to permit a McKenzie friend has b......
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Re O (children) (representation: McKenzie friend); Re W-R (A Child) (representation: McKenzie friend); Re W (children) (representation: McKenzie friend)
...213, ECt HR. G (a child) (litigants in person), Re[2003] EWCA Civ 1055, [2003] 2 FLR 963. G (chambers proceedings: McKenzie friend), Re [1999] 1 WLR 1828, [1999] 2 FLR 59, H (McKenzie friend: pre-trial determination), Re[2001] EWCA Civ 1444, [2002] 1 FLR 39. H (minors) (chambers proceedings......
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Downey's (Thomas) Application
...recently in children’s cases in R v Bow County Court ex p Pelling 1999 2 FLR 1126 and Re G (Chambers proceedings: McKenzie Friend) 1999 2 FLR 59. These were Court of Appeal decisions in which the lower court’s refusal to permit a ‘McKenzie friend’ to sit in was challenged. Re G was heard in......