The Origin of the Term
The term McKenzie Friend comes from the 1970 Court of Appeal case McKenzie v McKenzie, in which the court confirmed the right of a party to have the assistance of a friend or helper in court proceedings, even if that person is not a legal professional. The right has been developed through case law since and is now well established in English courts.
What a McKenzie Friend Can Do
A McKenzie Friend can sit beside you in court and provide quiet assistance. They can take notes of the proceedings, help you find documents, provide prompts and reminders, help you follow what is happening, and provide moral support. In some courts and at the discretion of the judge, a McKenzie Friend may be given permission to speak on your behalf (right of audience), though this is not automatic.
A McKenzie Friend can help you prepare your case outside of court: reviewing documents, helping you draft statements, preparing your position statement, and coaching you through the process. This preparation assistance is entirely permitted and highly valuable.
For a litigant in person facing a legally represented opponent, the presence of a calm, experienced McKenzie Friend in the courtroom changes the dynamic entirely. You are less likely to lose your thread, miss important points, or be overwhelmed by the procedure.
What a McKenzie Friend Cannot Do
A McKenzie Friend who is not a qualified solicitor or barrister cannot conduct litigation on your behalf, issue proceedings in your name, enter into agreements on your behalf, or receive fees for providing legal advice (unless they are regulated under the Legal Services Act 2007). They are a supporter, not a representative.
Finding a McKenzie Friend
McKenzie Friends range widely in experience and quality. Some are former legal professionals, retired solicitors, or people with extensive personal experience of the family court. Others may have less relevant experience. When choosing a McKenzie Friend, ask about their experience in your specific type of proceedings, how many hearings they have attended, what they will do to prepare, and what their fees or charges are.
EqualJustice is a McKenzie Friend service covering family law, employment tribunal, and civil court matters. To find out more, visit equaljustice.uk.
The Right to Have a McKenzie Friend
The right to a McKenzie Friend is not absolute. A judge can exclude a McKenzie Friend from a hearing if their presence would be prejudicial to the interests of justice, if they are disrupting proceedings, or if there are concerns about them improperly conducting litigation. These are rare circumstances. In normal family proceedings, a reasonable McKenzie Friend will always be permitted.
Legal Notice: This article is for educational purposes only. It does not constitute legal advice. Eugene Pienaar is a non-practising solicitor. If you need legal advice, consult a qualified solicitor.