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04 September 2008
Issue: 7335 / Categories: Case law , Law digest , Family
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Family law

Re N (a Child) (McKenzie Friends: Rights of Audience) [2008] EWHC 2042 (Fam), [2008] All ER (D) 116 (Aug)

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.

Issue: 7335 / Categories: Case law , Law digest , Family
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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