Family law

A “McKenzie friend” does not, as such, have a right of audience; the court can exercise its discretion to grant a McKenzie friend a right of audience, in accordance with s 27(2)(c) of the Courts and Legal Services Act 1990 (CLSA 1990), “only … for good reason” and bearing in mind the “general objective” set out in s 17(1) of CLSA 1990 and the “general principle” set out in s 17(3).

The court should be very slow to grant a McKenzie friend a right of audience. But that is not to say that such an order can be made only in exceptional circumstances (save that, in the case of a “professional” McKenzie friend who acts also as an advocate, setting himself up as an unqualified advocate providing advocacy services, whether for reward or not, the court will make an order only in exceptional circumstances).

The court must remember that the overriding objective is that the courts should do justice and that legal aid is not available as readily as it was in the past. Moreover, the grant of rights of audience to a McKenzie friend may be of advantage to the court in ensuring the litigant in person receives a fair hearing.