The name comes from McKenzie v McKenzie, a 1970 divorce case in which the Court of Appeal confirmed that a person representing themselves can have someone beside them for assistance. Today the courts in England and Wales follow the Practice Guidance: McKenzie Friends (Civil and Family Courts), issued in 2010 by the Master of the Rolls and the President of the Family Division. It applies in civil and family courts, from the county court and family court up to the Court of Appeal.
Under the Practice Guidance a McKenzie Friend may:
Outside the courtroom, many McKenzie Friends also help you prepare: going through the bundle, planning what you want to say and explaining what usually happens at that type of hearing.
| A McKenzie Friend cannot | What this means for you |
|---|---|
| Act as your agent | They cannot deal with the court or the other side in your name. Letters and emails go from you. |
| Manage the case outside court | They cannot sign court documents for you. You sign and file everything yourself. |
| Address the court | They cannot make submissions to the judge. You speak for yourself. |
| Examine witnesses | They cannot ask questions of you, the other party or any witness. You do this yourself, with their quiet help. |
Only if the judge grants them a right of audience for that particular case, and the courts are slow to do so. The Guidance gives examples such as a close relative helping, or a litigant whose ill health means they cannot address the court. For paid McKenzie Friends who offer this as a professional service, the Guidance says a right of audience should be granted only in exceptional circumstances. In practice, you should plan to speak for yourself, and use your McKenzie Friend to help you do that well.
You do not need to apply for permission in the formal sense, but you should tell the court. The Guidance starts from a presumption in favour of allowing reasonable assistance, and in private family hearings that presumption is described as a strong one. If the court or the other side wants to stop or limit your McKenzie Friend, they must give reasons, and you must have a chance to respond.
What to do in practice:
A judge can refuse or limit a McKenzie Friend where the interests of justice and fairness do not require one, for example if the assistance is for an improper purpose, the McKenzie Friend is using the litigant as a puppet or is effectively running the case, or the court is not satisfied that they understand the duty of confidentiality. The Guidance is equally clear about what is not a good reason to refuse: that the case is simple, that you seem capable on your own, that you chose not to have a lawyer, or that the case involves confidential family information.
Yes. The Guidance says you may share information about the proceedings, including evidence that has been filed, with your McKenzie Friend to get their advice and help. In return, they must keep it confidential.
Yes. You can lawfully agree to pay a McKenzie Friend for reasonable assistance. Those fees are normally not recoverable from the other party, even if you win, so it makes sense to agree a clear fixed price at the start.
Anyone can act as a McKenzie Friend. There is no required qualification and no regulator. That means the quality of help varies widely, and it is worth asking a few simple questions before you pay anyone:
I am a paralegal with a Certificate of Higher Education in Law and Legal Practice and £1m professional indemnity insurance. In most cases I have also prepared the documents the judge is reading, so I already know your case in detail. Before the hearing we go through the bundle and your key points together, I provide the short CV the court expects, and every booking has a written agreement and a fixed fee. On the day I sit beside you, take notes and help you keep track, in English or in Polish, and afterwards we go through the outcome and the next steps.
Book a free 15-minute call. I will tell you whether a McKenzie Friend is the right kind of help for your hearing and what it would cost.
Book Free Fit CallThis guide is general information about the courts in England and Wales. It is not legal advice about your situation. Nevori Litigant Services is not a firm of solicitors and is not regulated by the SRA.
Source: Practice Guidance: McKenzie Friends (Civil and Family Courts), July 2010