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Monday 28 September 2015

TAKING A MCKENZIE FRIEND TO COURT WITH YOU

Don't forget that if you do have to go to Court on your own because you can't afford legal representation then you can take a either a non professional or professional McKenzie friend with you. A McKenzie friend will be able to :-

Provide moral support for the LIP
• Take notes
• Help with case papers...

• Quietly give advice on:
points of law or procedure
issues that the litigant may wish to raise in court
questions the litigant may wish to ask witnesses
.

 
Even though taking a Mckenzie friend to a hearing is great be warned a McKenzie friend will not be able :-
  • to act on the behalf of a Litigant in Person.
  • He/she may not act as the LIP’s agent in relation to the proceedings nor manage the case outside court, for example, by signing court documents.
  • A McKenzie Friend is not entitled to address the court, nor examine any witnesses.

 However, in exceptional circumstances, a judge may grant a McKenzie Friend what is termed “right of audience” in a particular case. The McKenzie Friend would then be allowed to address the court and conduct the litigant’s case for him, as a solicitor or barrister would normally do
 

Fees, the Cost of bringing Court proceedings and Remission of fees

When bring proceedings you normally have to pay a fee and these can be hefty:-

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf



 But did you know you may be eligible to claim for remission of Court fees for more info go to

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=4396

Charging for the time you spend acting as a Litigant in person

Don't forget as a Litigant in Person if you are successful you can charge for your time which is £18.00 per hour, I know its not a lot but it all helps, and you can recover your Court fees.

http://www.lawgazette.co.uk/law/benchmarks/costs-and-litigants-in-person/5038419.fullarticle