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25 February 2011 / Peter Thompson KC
Issue: 7454 / Categories: Opinion , Procedure & practice
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McKenzie Friends United

Peter Thompson QC fights the corner of a tried & trusted friend

McKenzie Friends are in trouble. They may not yet have read the new Practice Guidance on the subject that was issued by the master of the rolls and the president of the Family Division last July; but when they do they will see that they need to smarten up their act and perhaps create their own website!

For a reminder of their humble origins we must turn back to the speech of Lord Tenterden CJ in Collier v Hicks [1831] 2 B & Ad 663: “Any person, whether he be a professional man (or woman) or not, may attend as the 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, contrary to the regulations of the court.” The text was adopted with approval by the Court of Appeal in McKenzie v McKenzie [1970] 3 All ER 1034. As a result, litigants in person

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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