Legal Update: In a Nutshell - Increase in the use of McKenzie friends

What is a McKenzie friend?

A McKenzie friend is someone who provides support to a party appearing in court in person. McKenzie friends assist and provide advice to a person appearing in court, for instance, by taking notes, organising documents, and quietly providing advice or making suggestions. However, they cannot: address the court; examine witnesses; or sign court documents.

The term McKenzie friend originates from the case, McKenzie v McKenzie [1970] 3 WLR 472. In this case, a divorce matter, the judge refused to permit Mr McKenzie to be accompanied by a friend who he wished to have sat beside him in court. The Court of Appeal held that the judge should not have refused his friend from accompanying Mr McKenzie in court, citing an earlier case. The Court of Appeal held that, while nobody can take part in proceedings as an advocate unless he is qualified to do so (by being a member of the Bar or qualified solicitor), "there is no prohibition on any person assisting a party to the proceedings in other ways, e.g. by passing notes, giving advice, or prompting".