What is a Mackenzie Friend?
The McKenzie Friend concept originated from landmark Court of Appeal decision in McKenzie v McKenzie [1970]. It established the principle that litigants in person possess rights to layperson support.
Lord Justice Davies stated definitively that “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,” creating the legal foundation for modern McKenzie Friend mechanisms operating across civil and family court jurisdictions.
They cannot address courts directly, examine witnesses, sign documents, or manage litigation outside courtrooms without exceptional judicial permission.
McKenzie Friends help litigants in person navigate family court procedures including child arrangement applications, financial remedy proceedings, domestic violence matters, and divorce cases requiring professional guidance without full solicitor representation costs.
What is the legal basis for Mackenzie Friends?
- Landmark Case Establishment: McKenzie v McKenzie [1970] created fundamental right to reasonable layperson assistance for self-representing litigants navigating court proceedings without professional legal representation
- Human Rights Protections: Article 6 ECHR incorporated through Human Rights Act 1998 supports fair hearing rights including reasonable assistance access for unrepresented parties in civil and family proceedings
- Family Court Clarification: 2005 Court of Appeal case In the matter of the children of Mr O’Connell, Mr Whelan and Mr Watson legitimised McKenzie Friend use in family courts and permitted litigants sharing confidential court papers for assistance purposes
- Practice Guidance Framework: July 2010 guidance from Master of the Rolls and President of Family Division established the presumption favouring McKenzie Friend attendance across Court of Appeal, High Court, County Courts, and Family Proceedings Courts
What can a Mackenzie Friend do?
| Type of Assistance | What I can do | What I can’t do |
|---|---|---|
| Moral Support | Emotional encouragement and help with anxiety. Reassurance and support in the courtroom. | Directly address the Court, question witnesses or make legal submissions. These are only possible in exceptional circumstances and with the Court’s permission. |
| Note-Taking | Record comments from magistrates and judges, document evidence and the opposing parties arguments. Organise hearing chronologies. | Act as the litigant’s agent, conduct case management outside of Court and manage correspondence between the parties and the Court. |
| Quiet Advice | Provide discreet suggestions on legal points and procedural guidance. Provide strategies for evidence presentation and questions for cross-examination. | Sign Court documents, file applications and serve papers on opposing parties. |
| Document Preparation | Assist with drafting, provide guidance on formatting, evidence organisation and preparation of Court bundles. Support with the preparation of skeleton arguments and questions. | Provide legal advice beyond the permitted scope or presenting myself as a qualified lawyer. |
Can Courts refuse to allow you a Mackenzie Friend?
Courts exercise discretionary powers regulating a McKenzie Friends involvement to ensure fair proceedings and efficient administration of justice through the July 2010 Practice Guidance, with the presumption favouring reasonable assistance unless good reasons justify refusal.
Judges assess whether the McKenzie Friend’s attendance would undermine proceedings, create unfairness between parties, or involve individuals with interests in case outcomes conflicting with litigant support duties.
Courts may refuse McKenzie Friends displaying disruptive behaviour, providing misleading advice, pursuing personal agendas, or lacking necessary confidentiality understanding regarding sensitive family court matters involving children’s welfare, domestic violence allegations, or financial disclosure requirements.
Why employ a Mackenzie Friend?
McKenzie Friends fill crucial access to justice gaps following the 2013 LASPO Act legal aid restrictions affecting family court users navigating proceedings without professional representation. They play a key role in assisting litigants in person with preparing for and attending Court hearings where they would otherwise be disadvantaged by not having support.
Professional McKenzie Friend fees typically range £30-£90 hourly rates for ongoing case support or £199-£500 fixed fees for single hearing attendance including preparatory work. This contrasts with solicitor charges of £200-£350 hourly plus VAT, creating substantial cost savings for self-representing litigants.
How to choose your Mackenzie Friend?
Choosing your Mackenzie Friend can be a challenging decision, with the lack of formal regulation making it even harder to evaluate potential options.
The Society of Professional Mackenzie Friends is the only organisation set up specifically to provide regulation in this area of law, although membership remains voluntary. Membership requires evidence of knowledge and experience, along with professional indemnity insurance and the adherence to a formal Code of Conduct. I am a member of the Society of Professional Mackenzie Friends.
When choosing a Mackenzie Friend, you should undertake careful due diligence examining qualifications, experience, references, professional indemnity insurance coverage, and fee transparency ensuring value for money without risking case prejudice through inadequate assistance. Reputable practitioners maintain transparent pricing, realistic expectation setting regarding case prospects, clear service boundary explanations distinguishing McKenzie Friend limitations from solicitor capabilities, and professional conduct standards aligned with July 2010 Practice Guidance requirements governing courtroom behaviour and litigant support duties.
You should be cautious of McKenzie Friends guaranteeing specific case outcomes, lacking professional indemnity insurance coverage, displaying vague fee structures without clear service specifications, possessing limited verifiable court experience, or demonstrating poor communication responsiveness during initial consultations.
Additional guidance can be found on the Legal Choices website.