A McKenzie Friend can best be described as anyone who accompanies you to court to help you as a Litigant in Person – those who are unrepresented by a Solicitor or engage a barrister. Your McKenzie Friend is able to sit with you in the court and offer advice and support as well as taking notes to help you.
McKenzie Friends cannot: speak in court (i.e. question witnesses or talk to the judge) manage cases outside court.
Mr Hangar was not entitled to practise as a lawyer in England – in fact, he was … Insubsequent years, the practice of using a McKenzie Friend has become more …
What McKenzie Friends may not do
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.
The Guidance also provides that the Court may refuse to allow a party to be represented by a McKenzie Friend:
A litigant may be denied the assistance of a MF because its provision might undermine or has undermined the efficient administration of justice. Examples of circumstances where this might arise are: i) the assistance is being provided for an improper purpose; ii) the assistance is unreasonable in nature or degree; iii) the MF is subject to a civil proceedings order or a civil restraint order; iv) the MF is using the litigant as a puppet; v) the MF is directly or indirectly conducting the litigation; vi) the court is not satisfied that the MF fully understands the duty of confidentiality.
The Guidance emphasises that a McKenzie Friend does not have the right to conduct the litigation or, unless specifically granted by the court, rights of audience (the right to present the case orally in court):