McKenzie Friends (MF)

[mikeymack2002]

I am looking to find out more regarding the legalities and technicalities Of those referred to as McKenzie Friends (MF) Sorry for the long thread but with the legal aid being cut there is a serious danger of the use of the MF and the advice costing the person engaging the MF losing a serious amount of money and still losing their case at Court...

 

 

The has been many a heated debate in the Bailiff section regarding the MF and what they can and cannot do. With this in mind I came across this article from here http://www.iclr.co.uk/mckenzie-friends-a-litigants-guide/

 

 

What McKenzie Friends may do

3) MFs may:

i) provide moral support for litigants;

ii) take notes;

iii) help with case papers;

iv) quietly give advice on any aspect of the conduct of the case.

 

What McKenzie Friends may not do

4) MFs may not:

i) act as the litigants’ agent in relation to the proceedings;

ii) manage litigants’ cases outside court, for example by signing court documents; or

iii) address the court, make oral submissions or examine witnesses.

 

With this complicated issue and their use in Court seems to now be changing. What could the outcome of this new information coming to light have with Litigants In Person (LiP)?

 

 

There was a guide issued in 2010 guidance in July 2010 (PDF) that now seems to have changed!

 

 

As far as taking "bad" advice this was proven in the following case The risks are not just that you might lose your case. You might also lose a lot more money than whatever you may have paid for the advice of someone who was not fully qualified to give it. An example can be seen in the case of H v Dent [2015] EWHC 2090 (Fam) where a father was assisted by two MFs to make a hopeless application to commit to prison two Cafcass officers and a solicitor – and ended up with a costs order against him.

 

Where does the name McKenzie friend come from that answer maybe be from this case

*The case which established the name is McKenzie v McKenzie %20P%2033&nxtid=XP1971-1-33&t=caseview-frame.htm&log_ixcard=yes"][1971] P 33; %203%20WLR%20472&nxtid=XWLR1970-3-472&t=caseview-frame.htm&log_ixcard=yes"][1970] 3 WLR 472; [1970] 3 All ER 1034, CA.

 

There is an in depth PDF from the Legal Consumers Panel (LCP) if you wish to read it you can find the link here >> http://www.legalservicesconsumerpanel.org.uk/publications/research_and_reports/documents/2014%2004%2017%20MKF_Final.pdf

 

 

The above link is a seriously long read but it may be of use for the LiP to read it before consulting or engaging a MF.

 

 

Before engaging a MF you may want to read up on the costs PDF from here issued 10/2015

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/crim-proc-rules-2015-part-45.pdf

 

 

 

Note to Admin if you could find the correct forum that would be ideal for this thread if it is of any use to CAG ?

 

 

Information gathered from here see below for links

 

 

http://www.iclr.co.uk/mckenzie-friends-a-litigants-guide/

 

 

and here

 

 

https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2015/crim-proc-rules-2015-part-45.pdf

 

 

Pdf's not added but can do if the links get broken for any reason... Although I have nothing against any MF's it is getting apparent that this area is now coming under scrutiny by the relevant departments that govern and set the guidelines and rules regarding the use of the MF...

[Peterbard]

Hasn't all this been done to death already

[mikeymack2002]

Wow really? Since part of this was only issued this month I think not sorry...

[Peterbard]

Oh OK,which part will that be then, so many links so little time