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McKenzie Fri-End

29 April 2016 / Neil Parpworth
Issue: 7696 / Categories: Features , Legal services , Profession
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Neil Parpworth asks whether there will soon be an end to the “McKenzie Friend”

On 7 June 1831 judgment was given in the case of Collier v Hicks (1831) 2 B & Ad 663. The unanimous decision of the court was that the defendants had been justified in committing or ordering a trespass on the plaintiff (an attorney) when he refused to leave a police office where he had been seeking to act as an attorney or advocate for an informer during the course of the trial of another. This was on the basis that, in the words of Mr Justice Littledale, “every court of justice has the power of regulating its own proceedings”. Of greater significance for present purposes were, however, the remarks of the then Chief Justice, Lord Tenterden, who observed: “Any person, whether he be a professional man or not, may attend as a friend of either party, may take notes, may quietly make suggestions, and give advice; but no one can demand to take part in the proceedings as an advocate,

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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