Right of Audience - McKenzie Friend

[Hermia]

Hi,

I was wondering if anyone could advise on case law that supports a McKenzie Friends right of audience? I know that there is no automatic right of audience; however, Judges very rarely allow a McKenzie friend a right of audience and I wish to use supporting case law examples in a letter to the Judge requesting said right of audience? Also, if anyone knows how I should format the letter I would be extremely grateful?

[PlanB]

Re: Right of Audience - McKenzie Friend

Hi,

I was wondering if anyone could advise on case law that supports a McKenzie Friends right of audience? I know that there is no automatic right of audience; however, Judges very rarely allow a McKenzie friend a right of audience and I wish to use supporting case law examples in a letter to the Judge requesting said right of audience? Also, if anyone knows how I should format the letter I would be extremely grateful?

As far as I'm aware McKenzie Friends do not have any right of audience. In McA vs McA 2006 it was held that a MF could have right of audience in "exceptional circumstances" but sadly there's been no examples of such "exceptional circumstances" having taken place in case law I'd love to be proved wrong.

http://jac.judiciary.gov.uk/static/d...ds_(civil).pdf

I think a lot depends on the case. In my experience DJs (county court) use their discretion to allow MFs to advocate in possession proceedings. What is the type of case you're involved with and in which level of court?

[leclerc]

Re: Right of Audience - McKenzie Friend

The extenuating circumstances for a right of audience are set out as follows:

"21) Examples of the type of special circumstances which have been held to justify the
grant of a right of audience to a lay person, including a MF, are: i) that person is a
close relative of the litigant; ii) health problems preclude the litigant from
addressing the court, or conducting litigation, and the litigant cannot afford to pay
for a qualified legal representative; iii) the litigant is relatively inarticulate and
prompting by that person may unnecessarily prolong the proceedings."

http://www.familylaw.co.uk/system/up..._July_2010.pdf

Hope that helps with FP as well.

[Hermia]

Re: Right of Audience - McKenzie Friend

It is a pretty ridiculous situation: mother had child removed by Social Services who placed him with his father. Mother is druggie lunatic and yet has managed to get LSC funding for an application for a residence order!!! I have tried to scupper the funding by complaining - only to be told that 'these investigations work at a very slow pace'. Final hearing has been listed for a day in four weeks time, but the applicant's representation is a slimy reptile who seems to care nothing for the truth. I am the McKenzie friend; however, the Judge did tell my friend that on the next occasion he would have to speak for himself, which will prove impossible. so I am going to write a letter from my friend and ask the court's permission for the McKenzie to have right of audience, as not to do so would hamper the proceedings so severely it would be a complete shambles. I was just wondering if anyone had a better way of asking as I do not want the request to irritate the Judge. The Judge seems to be a particular 'stickler' for the rules to be observed and the other side made it clear to me in a recent conversation that my friend is going to have to speak for himself at the next hearing, which makes me think the slime ball is intending to use this Achilles weak spot to try and cause distraction and confusion - something he tried at the last hearing.

I am aware of the rules governing McKenzies and right of audience and I will certainly point these factors out to the Judge, just do not wish to upset him.

Many thanks

[leclerc]

Re: Right of Audience - McKenzie Friend

It is a pretty ridiculous situation: mother had child removed by Social Services who placed him with his father. Mother is druggie lunatic and yet has managed to get LSC funding for an application for a residence order!!! I have tried to scupper the funding by complaining - only to be told that 'these investigations work at a very slow pace
You will fail to scupper her legal aid funding as the mother and father both have the right to legal aid in children's law applications.

. Final hearing has been listed for a day in four weeks time, but the applicant's representation is a slimy reptile who seems to care nothing for the truth. I am the McKenzie friend; however, the Judge did tell my friend that on the next occasion he would have to speak for himself, which will prove impossible. so I am going to write a letter from my friend and ask the court's permission for the McKenzie to have right of audience, as not to do so would hamper the proceedings so severely it would be a complete shambles
The above set of rules are about circumstances in which you can have the right of audience. Just because the mother has legal representation through Legal Aid does not simply allow you to jump in because you perceive that her solicitor might get their own way. Is there a CAFCASS Guardian also part of the process since realistically their views are normally taken into account in these kinds of hearings. Why has your friend NOT got Legal Aid?

I was just wondering if anyone had a better way of asking as I do not want the request to irritate the Judge. The Judge seems to be a particular 'stickler' for the rules to be observed and the other side made it clear to me in a recent conversation that my friend is going to have to speak for himself at the next hearing, which makes me think the slime ball is intending to use this Achilles weak spot to try and cause distraction and confusion - something he tried at the last hearing.
A lawyer for a party has to have the interests of their client as paramount and unfortunately if the above exceptions do not apply then you will have to prepare your friend as best as you can possibly do and not worry about what the other person's solicitor is going to do.
I am aware of the rules governing McKenzies and right of audience and I will certainly point these factors out to the Judge, just do not wish to upset him.

Many thanks

Ultimately, if the extenuating circumstances set above apply then you have to put that before the judge but the parties have the right to object to that and a hearing before the final hearing is likely. Social services reports are also likely in this instance as well and they are taken into account. CAFCASS report is key normally in this process.